Common use of Manner of Payment Clause in Contracts

Manner of Payment. Except as otherwise provided herein, each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 19 contracts

Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC)

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Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans Construction Loan Advances or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Construction Loan Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any condition, set-off, counterclaim counterclaim, recoupment or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), ) if any payment under this Agreement or any Revolving Credit Construction Loan Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 4 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans Loan or of any fee, commission or other amounts payable to the Lenders Lender under this Agreement Agreement, the Note or any Revolving Credit Note Mortgage shall be made not later than 1:00 3:00 p.m. (Charlotte New York time) on the date specified for payment under this Agreement such document or instrument, as applicable, to the Administrative Agent Lender at the Lender’s Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeLender (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 4:00 p.m. (Charlotte New York time) on such day shall be deemed a payment on such date for the purposes of Section 10.110.01, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 4:00 p.m. (Charlotte New York time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if If any payment under this Agreement Agreement, the Note or any Revolving Credit Note Mortgage shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day Day, and such extension of time shall in such case be included in computing any interest if payable along with such payment. Borrower hereby grants to the Lender the right to make withdrawals from the Operating Account to make payments on the Obligations as and when due hereunder.

Appears in 4 contracts

Samples: Loan and Security Agreement (Griffin Industrial Realty, Inc.), Loan and Security Agreement (Griffin Industrial Realty, Inc.), Loan and Security Agreement (Griffin Land & Nurseries Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its Lending Office its pro rata share of such payment in accordance with such Lender's Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 4 contracts

Samples: Credit Agreement (AbitibiBowater Inc.), Third Amendment and Waiver (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's applicable Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.14, 4.15, 4.16, 4.17 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.7(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 3 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Term Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Term Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any condition, set-off, counterclaim counterclaim, recoupment or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.of

Appears in 3 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Manner of Payment. Except All Rent payable by the Lessee to the Lessor hereunder shall be paid to the Lessor at its principal office at One Xxxxxx Square, 000 Xxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxx, 00000, Attention: Corporate Trust Administration, or to such other address as otherwise provided hereinthe Lessor shall specify in a notice to the Lessee, in Dollars in immediately available funds, so that the Lessor receives the full amount of each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest not later than 12:00 noon Eastern Time on the Loans or of any feedue date thereof, commission or other amounts except that so long as the Indenture shall not have terminated pursuant to its terms, all Rent payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later Lessor (other than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte timeExcepted Payments) shall be deemed paid to have been made the Indenture Trustee, in the manner provided above, at its principal office as specified in Section 12.01 of the Participation Agreement, or as the Indenture Trustee may otherwise direct by a notice delivered to the Lessee prior to the date of payment. If any Rent is due on a day that is not a Business Day, such Rent shall be paid on the next succeeding Business Day for all purposes. Upon receipt by with the Administrative Agent same force and effect as if paid on the scheduled date of each payment and (if paid on such payment, the Administrative Agent next succeeding Business Day) no interest shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of accrue on the amount of such credit payment from and after such scheduled date to each Lenderthe time of payment on such next succeeding Business Day. Subject to Section 3.1(b)(ii)Whether or not the Indenture remains in effect, if any payment under this Agreement or any Revolving Credit Note Rent constituting Excepted Payments shall be paid directly to the Person entitled thereto in the manner and at or before the time specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentabove.

Appears in 2 contracts

Samples: Note Purchase Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's Officeor Term Loan Percentages, as applicable, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Revolving Credit Commitment Percentage or Term Loan Percentage, as applicable, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.3, 5.8, 5.9, 5.10, 5.11 or 14.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Veridian Corp), Credit Agreement (Veridian Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute in a timely manner to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participant's commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 2 contracts

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Chicago time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeRatable Shares (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Chicago time) on such day shall be deemed a payment on such date for the purposes of Section 10.18.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Chicago time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its pro rata share of such payment in accordance with such Lender's Commitment Percentage address for notices set forth herein its Ratable Share (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Section 3.1(b)(ii)3.8, if 3.9, 3.10, 3.11 or 10.2 shall be paid to the Administrative Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Term Loan Agreement, Credit Agreement (Grainger W W Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.01, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s applicable Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent’s fees or any Revolving Credit Note expenses shall be specified made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.13, 4.14, 4.15, 4.16 or 13.02 shall be paid to the Administrative Agent for the account of the applicable Lender. Any payment required to be made upon under Section 4.02 that is due on a day which date that is not a Business Day, it Day shall be made due on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentDay.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Cross Country Healthcare Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(c), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Family Dollar Stores Inc), 364 Day Credit Agreement (Family Dollar Stores Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligations) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(other than as set forth below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Revolving Credit Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of an Issuing Lender’s or Fronted L/C Participants’ commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the Fronted L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(c), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower a Credit Party on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(other than as set forth below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Such payments shall be made no later than 2:00 p.m. (Charlotte time) on the relevant date. Any payment received after such time 1:00 p.m. (Charlotte time) but before 2:00 p.m. (Charlotte time) on such day a due date shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by Each payment to the Administrative Agent of each such paymentthe L/C Fees shall be made in like manner, but for the account of the Issuing Lenders and the L/C Participants. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall credit each be made for the account of the Administrative Agent and any amount payable to any Lender under Section 2.5, 2.6, 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender's . The Administrative Agent shall distribute any such payments received by it for the account with its pro rata share of ofany other Lender to such payment in accordance with such Lender's Commitment Percentage Lender promptly following receipt thereof and shall wire advice of the amount of such credit to each such Lender. Subject to Section 3.1(b)(ii4.l(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.. 37

Appears in 2 contracts

Samples: Credit Agreement (Wausau Mosinee Paper Mills Corp), Credit Agreement (Wausau Mosinee Paper Mills Corp)

Manner of Payment. Except as otherwise provided herein, each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall All payments will be made not later than 1:00 p.m. in United States of America (Charlotte time“United States”) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, dollars in immediately available funds and shall be made without any defense, set-off, counterclaim or deduction whatsoeverof any kind on the due dates of such payments. Any Payments will be made to the Payee’s address set forth in this Note (or such other payment received after such address as may be designated by the Payee upon written notice to the Maker) by 11:00 a.m. (time but before 2:00 p.m. (Charlotte timeat the payment address) on the due date for such payments. If any payment on this Note will be due and payable on any day shall that is not a Business Day, such payment will be deemed a due on the next following Business Day, and interest will be payable at the interest rate on this Note (including the Default Interest Rate, as applicable) through such Business Day. Payment received by the Payee at the payment on such date for address after 11:00 a.m. (time at the purposes of Section 10.1, but for all other purposes shall payment address) will be deemed to have been made on the next succeeding Business DayDay after such receipt in the Payee’s discretion. Any payments by check will be accepted subject to collection in immediately available funds. Payments will be applied to interest, principal, late charges, fees and Collection Costs (herein defined) in such order as the Payee may determine in the Payee’s discretion. If at any time any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent Maker under this Note is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of each such paymentthe Maker or for any other reason, the Administrative Agent shall credit each Lender's account with its pro rata share of Maker’s obligation to make such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement Note will be reinstated as though such payment had not been made. As used in this Note, “Business Day” means any day that is (a) a Monday, Tuesday, Wednesday, Thursday or any Revolving Credit Note shall be specified to be made upon Friday on which banks in the Governing Jurisdiction (herein defined) are open for the transaction of a day which is substantial part of their commercial banking business and (b) not a Business Day, it shall be made on legal holiday in the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentGoverning Jurisdiction.

Appears in 2 contracts

Samples: Secured Promissory Note and Guaranty Agreement (Greenbrook TMS Inc.), Secured Promissory Note and Guaranty Agreement (Neuronetics, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent’s office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, entitled to such payment in Dollars, in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1Articles 7 and 8, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with such Lender at its pro rata share address for notices set forth herein its Pro Rata Share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Agent of Agent’s fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under Sections 2.13, 2.14, 2.15 or 9.3 shall be paid to the Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii)the definition of Interest Period, if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. Notwithstanding the foregoing, if there exists a Defaulting Lender each payment by the Borrower to such Defaulting Lender hereunder shall be applied in accordance with Section 2.20(a)(ii).

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Delek US Holdings, Inc.), Term Loan Credit Agreement (Delek US Holdings, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's Officeor Term Loan Percentages, as applicable, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit promptly distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Revolving Credit Commitment Percentage or Term Loan Percentage, as applicable, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.8, 5.9, 5.10, 5.11 or 14.2 shall be promptly paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Paravant Inc), Credit Agreement (Paravant Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, 11.1. but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Revolving Credit Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(c), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to the Agent of Agent's fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Agent for the account of the applicable Lender. Other than as set forth in Section 3.1(b)(ii3.1(b), if the due date of any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon other Loan Document would otherwise fall on a day which is not a Business Day, it Day such date shall be made on extended to the next succeeding day which is a Business Day and interest shall be payable for the period of such extension of time shall in such case be included in computing any interest if payable along with such paymentextension.

Appears in 2 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollarsthe applicable Permitted Currency, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its Lending Office its pro rata share of such payment in accordance with such Lender's Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Bank’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of such Issuing Bank or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 12.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 2 contracts

Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata (other than as set forth below) in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePro Rata Shares (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its pro rata share address for notices set forth herein its Pro Rata Share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of the Issuing Lender's fees or any Revolving Credit Note L/C Participants' commissions shall be specified made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of the Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.8, 4.9 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender. The Borrower hereby authorizes the Administrative Agent to charge its accounts with the Administrative Agent in order to cause timely payment to be made upon a day which is not a Business Dayto the Administrative Agent of all principal, it interest, fees and expenses due hereunder (subject to sufficient funds being available in its accounts for that purpose). The Administrative Agent shall be made on promptly notify the next succeeding day which is a Business Day and Borrower after making any such extension of time shall in such case be included in computing any interest if payable along with such paymentcharges.

Appears in 1 contract

Samples: Credit Agreement (Planvista Corp)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Eastern time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Eastern time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Eastern time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, with respect to Extensions of Credit and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.8, 5.9, 5.10, 5.11 or 14.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii5.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account ----------------- of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, --- ---- in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's --- ----- Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants' commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Agent of Agent's fees or expenses shall be made for the account of the Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans Term Loan or of any fee, commission or other amounts payable to the Term Lenders under this Agreement or any Revolving Credit Term Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Term Lenders pro rata in accordance with their respective Commitment Term Loan Percentages (except as otherwise explicitly provided herein with respect to fees) at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Term Lender's account with its pro rata share of such payment in accordance with such Term Lender's Commitment Term Loan Percentage (except as otherwise explicitly provided herein with respect to fees) and shall wire advice of the amount of such credit to each Term Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Term Loan Agreement (WLR Foods Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the any Co-Borrower on account of the principal of or interest on the Loans other than Foreign Currency Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Atlanta time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders to be distributed pro rata among the Revolver Loans and among such Lenders in accordance with their respective Revolver Loan Commitment Percentages Percentage (except for payment of Swingline Loans, which are for the account of the Swingline Lender and other than fees payable to the Account of the Issuing Bank in connection with any Letter of Credit), at the Administrative Agent's Office, in Dollars, in immediately available funds funds, and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Atlanta time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Atlanta time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by All Loans other than Foreign Currency Loans shall be repayable in Dollars, and each Foreign Currency Loan shall be repayable in the Foreign Currency in which the Loan was made and at the Euro Lending Office of the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.before 11:00 a.m.

Appears in 1 contract

Samples: Credit Agreement (Scientific Games Holdings Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Administrative Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (RCN Corp /De/)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement Agreement, any Note or any Revolving Credit Note other Loan Document shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Rare Hospitality International Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the applicable Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's applicable Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of of, or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Philadelphia time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 1:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Philadelphia time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii)Paragraph 2.3.5 hereof, if in any payment under this Agreement Agreement, any of the other Loan Documents, or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Section 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (BlackRock Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note the Notes shall be made not later than 1:00 p.m. (Charlotte time) 2:00 P.M. on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata at its address referred to in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeSection 13.1, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) 5:00 P.M. on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) 5:00 P.M. shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii3.1(b)(i)(B), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. As soon as practicable after the Agent receives payment from the Borrower, the Agent will cause to be distributed like funds relating to the payment of principal, interest, or Fees (other than amounts payable to the Agent to reimburse the Agent for fees and expenses payable solely to it) or expenses payable to the Agent and the Lenders in accordance with Section 13.9, ratably (except in the case of Swingline Loans) to the Lenders, and like funds relating to the payment of any other amounts payable to such Lender, in each case to be distributed and applied in accordance with the terms of Section 3.10.

Appears in 1 contract

Samples: Credit Agreement (Sterile Recoveries Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including any Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds funds, and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Revolving Credit Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of any Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Manner of Payment. Except Tenant shall pay all Rent and all other sums as otherwise the same shall become due and payable under this Lease either by wire transfer of immediately available federal funds as directed by Landlord or by check (subject to collection) drawn on a New York Clearing House Association member bank, in each case at the times provided herein, each payment (including repayments described herein without notice or demand and without setoff or counterclaim. All Rent shall be paid in Article II) by the Borrower on account lawful. money of the principal United States to Landlord at its office or such other place as Landlord may from time to time designate. If Tenant fails timely to pay any Rent, Tenant shall pay interest thereon from the date when such Rent became due to the date of Landlord's receipt thereof at the lesser of (i) 1 1/2% per month or interest (ii) the maximum rate permitted by law. Any Additional Charges for which no due date is specified in this Lease shall be due and payable on the Loans 10th day after the date of Landlord's invoice therefor. All bills, invoices and statements rendered to Tenant with respect to this Lease shall be binding and conclusive on Tenant unless, within 60 days after receipt of same, Tenant notifies Landlord that it is disputing same. Notwithstanding anything to the contrary contained in this Lease, Rent shall be due and payable on the first day of the month, and failure to pay such Rent on or prior to the first day of any fee, commission or other amounts payable to the Lenders month shall be considered a default under this Agreement or any Revolving Credit Note Lease and interest shall be made not later than 1:00 p.m. (Charlotte time) on accrue as provided in this Section 2.08 from and after the date specified for payment under this Agreement to first day the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds Rent becomes due and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentpayable.

Appears in 1 contract

Samples: Lease (Actv Inc /De/)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the any Co-Borrower on account of the principal of or interest on the Loans other than Foreign Currency Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders to be distributed pro rata among the Revolver Loans and among such Lenders in accordance with their respective Revolver Loan Commitment Percentages Percentage (except for payment of Swingline Loans, which are for the account of the Swingline Lender), at the Administrative Agent's Office, in Dollars, in immediately available funds funds, and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by All Loans other than Foreign Currency Loans shall be repayable in Dollars, and each Foreign Currency Loan shall be repayable in the Alternative Currency in which the Loan was made and at the Euro Lending Office of the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.before 11:00 a.m.

Appears in 1 contract

Samples: Credit Agreement (Scientific Games Holdings Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Eastern time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeTerm Loan Commitment, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Eastern time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Eastern time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage Term Loan Commitment, with respect to Extensions of Credit and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.3, 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Bridge Credit Agreement (Belk Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the - Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollarsthe applicable Permitted Currency, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its Lending Office its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. Notwithstanding anything to the contrary in this Section, to the extent that any Revolving Credit Loans made hereunder are made in accordance with the Revolving Credit Commitment Percentages of the Lenders, payments with respect to such Revolving Credit Loans shall be allocated in accordance with the Revolving Credit Commitment Percentages of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Bowater Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower a Credit Party on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(other than as set forth below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. Such payments shall be made no later than 12:00 noon (Charlotte San Francisco time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Dayrelevant date. Any payment received after 2:00 1:00 p.m. (Charlotte San Francisco time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by Each payment to the Administrative Agent of each such paymentthe L/C Fees shall be made in like manner, but for the account of the applicable Issuing Lenders and L/C Participants. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall credit each be made for the account of the Administrative Agent and any amount payable to any Lender under Section 2.5, 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of the applicable Lender's . The Administrative Agent shall distribute any such payments received by it for the account with its pro rata share of any other Lender to such payment in accordance with such Lender's Commitment Percentage Lender promptly following receipt thereof and shall wire advice of the amount of such credit to each such Lender. Subject to Section 3.1(b)(ii4.l(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Digital Generation Systems Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata (other than as set forth below) PRO RATA in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1SECTION 12.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under SECTIONS 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), SECTION 5.1 (b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Restaurant Co)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages (except as otherwise explicitly provided herein with respect to fees) at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as otherwise explicitly provided herein with respect to fees) and shall wire advice of the amount of such credit to each Lender. Each payment to the Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (WLR Foods Inc)

Manner of Payment. Except as otherwise provided herein, (a) Each Loan shall be repaid and each payment (including repayments described of interest thereon shall be paid in Article II) the currency in which such Loan was made. Each payment by any of the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Chicago time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars(except as specified below), in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Chicago time) on such day shall be deemed a payment on such date for the purposes of Section 10.18.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Chicago time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Section 3.8, 3.9, 3.10, 3.11 or 10.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), ) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. (b) Notwithstanding the foregoing provisions of this Section 3.4, if, after the making of any Loan in any currency other than Dollars, currency control or exchange regulations are imposed in the country which issues such currency, or any other event occurs, in each case with the result that the type of currency in which the Loan was made (the “Original Currency”) no longer exists or would no longer be an Eligible Currency or the Borrowers are not able to make payment to the Administrative Agent for the account of the Lenders in such Original Currency, then all payments to be made by the Borrowers hereunder in such currency shall instead be made when due in Dollars in an amount equal to the Dollar Amount (as of the date of repayment) of such payment due, it being the intention of the parties hereto that the Borrowers take all risks of the imposition of any such currency control or exchange regulations.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders Lenders, the Issuing Lender or the Administrative Agent under this Agreement or any Revolving Credit Note (including the Reimbursement Obligation) shall be made not later than 1:00 2:00 p.m. (Charlotte New York time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages Lenders, the Issuing Lender or the Administrative Agent, as the case may be, at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 5:00 p.m. (Charlotte New York time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 5:00 p.m. (Charlotte New York time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii4.1(b)(i)(B), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article IIany prepayment) by the Borrower on account of the principal of or interest on the Loans or of Loans, fees, and any fee, commission or other amounts payable amount owed to the Lenders Banks or the Administrative Agent under this Agreement Agreement, the Notes, or any Revolving Credit Note the other Loan Documents shall be made not later than 1:00 p.m. (Charlotte Eastern time) on the date specified for payment under this Agreement or such other Loan Document to the Administrative Agent to an account designated by the Administrative Agent, for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at Banks, the Issuing Bank or the Administrative Agent's Office, as the case may be, in Dollars, lawful money of the United States of America in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoeverfunds. Any payment received by the Administrative Agent after such time but before 2:00 p.m. 12:00 noon (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Eastern time) shall be deemed to have been made received on the next succeeding Business Day for all purposespurposes of interest accrual. Upon receipt by In the Administrative Agent case of each such paymenta payment for the account of a Bank or the Issuing Bank, then, subject to the provisions of Section 2.9 of this Agreement, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of will promptly thereafter distribute the amount of so received in like funds to such credit to each LenderBank or the Issuing Bank. Subject to Section 3.1(b)(ii)If the Administrative Agent shall not have received any payment from the Borrower as and when due, the Administrative Agent will promptly notify the Banks and, if appropriate, the Issuing Bank, accordingly, and the Administrative Agent shall not be obligated to make any distributions under this Section 2.8. -28- (b) If any payment under this Agreement or any Revolving Credit Note of the Notes shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day Day, and such extension of time shall in such case be included in computing any interest and fees, if payable along any, in connection with such payment. (c) The Borrower may not make payments, in the aggregate, under this Agreement (excluding any payments specifically required pursuant to the terms of this Agreement) more than (i) two (2) times in any calendar month plus (ii) four (4) additional times in any twelve (12) calendar month period. In any event, the Borrower may not make, in the aggregate, more than twenty-eight (28) payments (excluding any payments specifically required pursuant to the terms of this Agreement) under this Agreement in any twelve (12) calendar month period. (d) The Borrower agrees to pay principal, interest, fees, and all other amounts due hereunder or under the Notes and Letter of Credit Obligations without set-off or counterclaim or any deduction whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Horton D R Inc /De/)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Revolving Credit Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement with respect to the Revolving Credit Loans, the Letters of Credit or any Revolving Credit Note shall be made not later than 1:00 2:30 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata (other than as set forth below) PRO RATA in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever, (b) each payment by the Borrower on account of the principal of or interest on the Term Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement with respect to the Term Loans or any Term Note shall be made in like manner, except for the account of the Lenders PRO RATA in accordance with their respective Term Loan Percentages and (c) any other amounts payable to the Lenders under this Agreement shall be made in like manner, except for the account of the Lenders PRO RATA based on its or their respective share in the Obligation with respect to which such payment was received. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 2:30 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its pro rata address for notices set forth herein its PRO RATA share of such payment in accordance with such Lender's Commitment Percentage this Section 5.4 and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent's or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it Issuing Lender's fees or expenses shall be made on for the next succeeding day which is a Business Day account of the Administrative Agent or Issuing Lender, as the case may be, and such extension any amount payable to any Lender under Sections 5.3, 5.8, 5.9, 5.10, 5.11 or 14.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Marshall Industries)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article IIany prepayment) by the Borrower on account of the principal of or interest on the Loans or of Loans, fees, and any fee, commission or other amounts payable amount owed to the Lenders or the Administrative Agent under this Agreement Agreement, the Revolving Notes, or any Revolving Credit Note the other Loan Documents shall be made not later than 1:00 2:00 p.m. (Charlotte New York time) on the date specified for payment under this Agreement or such other Loan Document to the Administrative Agent to an account designated by the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at or the Administrative Agent's Office, as the case may be, in Dollars, lawful money of the United States of America in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoeverfunds. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for by the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received Administrative Agent after 2:00 p.m. (Charlotte New York time) shall be deemed to have been made received on the next succeeding Business Day for all purposespurposes of interest accrual. Upon receipt by In the Administrative Agent case of each such paymenta payment for the account of a Lender, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment will promptly thereafter distribute the amount so received in accordance with like funds to such Lender's Commitment Percentage . If the Administrative Agent shall not have received any payment from the Borrower as and shall wire advice of when due, the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if Administrative Agent will promptly notify the Lenders accordingly. (b) If any payment under this Agreement or any of the Revolving Credit Note Notes shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day Day, and such extension of time shall in such case be included in computing any interest and fees, if payable along any, in connection with such payment. (c) The Borrower agrees to pay principal, interest, fees, and all other amounts due hereunder or under the Revolving Notes without set-off or counterclaim or any deduction whatsoever.

Appears in 1 contract

Samples: Loan Agreement (Cablevision Systems Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte Miami time) on the date specified for payment under this Agreement to the Administrative Agent Agent, for the account and benefit of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Miami time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Miami time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each LenderLender on the Business Day on which such amount is received by the Agent. Subject to Section 3.1(b)(ii4.3(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Med Waste Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including scheduled repayments described in Article II3) by the Borrower on account of the principal of or interest on the Revolving Credit Loans or and the Term Loans, and each payment of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note or Term Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata ratably in accordance with their respective (i) Revolving Credit Commitment Percentages in the case of payments with respect to the Revolving Credit Loans, and (ii) Term Loan Percentages in the case of payments with respect to the Term Loans, at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata ratable share of such payment in accordance with such Lender's (i) Revolving Credit Commitment Percentage in the case of payments with respect to the Revolving Credit Loans, and (ii) Term Loan Percentage in the case of payments with respect to the Term Loans, and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall shall, except in such the case of a scheduled interest payment, be included in computing any interest if payable along with such paymentinterest.

Appears in 1 contract

Samples: Credit Agreement (Roanoke Electric Steel Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of the Issuing Lender's fees or any Revolving Credit Note L/C Participants' commissions shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.be

Appears in 1 contract

Samples: Credit Agreement (Mindspring Enterprises Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on ------------------ account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office--- ---- Percentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such --- ---- payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants' commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Agent of Agent's fees or expenses shall be made for the account of the Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans Loan or of any fee, commission or other amounts payable to the Lenders Lender under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement in same day funds and delivered to Lender via an electronic funds transfer to the Administrative Agent for the account of the Lenders pro rata specified in accordance with their respective Commitment Percentages writing by Lender, or, at the Administrative Agent's OfficeLender’s election, at Lender’s Office located at 100 Xxxxx Xxxxxx, New York, New York 10014, or such other place or in Dollarssuch other manner as Lender may from time to time designate in writing, in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Borrowers shall receive credit on the day of receipt for funds received by 5:00 pm Eastern Standard Time. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if Whenever any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon hereunder shall be stated to be due on a day which that is not a Business Day, it shall the payment may be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing the computation of the amount of interest due hereunder. All payments received under this Section 3.4 will be applied first to any fees or expenses to which Lender may be entitled, then to any outstanding interest if payable along with such paymentdue, then to any mandatory repayments due hereunder, and finally to voluntary prepayment of the Note as set forth herein.

Appears in 1 contract

Samples: Credit Agreement (FaceBank Group, Inc.)

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Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Revolving Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Revolving Credit Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Revolving Credit Lenders pro rata in accordance with their respective Commitment Percentages (except as otherwise explicitly provided herein with respect to fees) at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Revolving Credit Lender's account with its pro rata share of such payment in accordance with such Revolving Credit Lender's Commitment Percentage (except as otherwise explicitly provided herein with 44 respect to fees) and shall wire advice of the amount of such credit to each Revolving Credit Lender. Each payment to the Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Subject to Section 3.1(b)(ii4.1(b) (ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (WLR Foods Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day and such extension account of time the Agent. Each payment to the Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in such like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Any amount payable to any Lender under Sections 3.7, 3.8, 3.12 or 12.2 shall be included in computing any interest if payable along with such paymentpaid to the Agent for the account of the applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Medcath Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans any Loan or of any fee, commission or other amounts payable to the Lenders under this Agreement (or any Revolving Credit Note of them) shall be made not later than 1:00 2:00 p.m. (Charlotte or such other time as expressly specified under this Agreement) (such time, the “Payment Time”) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders pro rata entitled to such payment in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in DollarsDollars (except as set forth below), in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes Payment Time shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent (i) shall credit distribute to each Lender's account with such Lender at its address for notices set forth herein its pro rata share of such payment in accordance with the amounts then due and payable to such Lender's Commitment Percentage Lenders (except as specified below) and (ii) shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.12 or 11.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(b)(ii) and (iii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: 364 Day Term Loan Agreement (Owens Corning)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Transaction Systems Architects Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit the Note shall be made not later than 1:00 p.m. (Charlotte Maryland time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-set- off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Maryland time) on such day shall be deemed a payment on such date for the purposes of Section 10.1the Note, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Maryland time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Agent and such extension any amount payable to any Lender hereunder shall be paid to the Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Loan Agreement (Washington Homes Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments prepayments described in Article II) by the Borrower BORROWER on account of the principal of or interest on the Loans LOANS or of any fee, commission or other amounts (including the REIMBURSEMENT OBLIGATION) payable to the Lenders LENDERS under this Agreement AGREEMENT or any Revolving Credit Note NOTE shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement AGREEMENT to the Administrative Agent ADMINISTRATIVE AGENT for the account of the Lenders LENDERS pro rata in accordance with their respective Commitment Percentages COMMITMENT PERCENTAGES at the Administrative Agent's OfficeADMINISTRATIVE AGENT'S OFFICE, in DollarsDOLLARS, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day BUSINESS DAY for all purposes. Upon Subject to the terms of Section 2.3, upon receipt by the Administrative Agent ADMINISTRATIVE AGENT of each such payment, the Administrative Agent ADMINISTRATIVE AGENT shall credit each Lender's LENDER'S account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage LENDER'S COMMITMENT PERCENTAGE and shall wire advice of the amount of such credit to each LenderLENDER. Each payment to the ADMINISTRATIVE AGENT of the ISSUING BANK'S fees or L/C PARTICIPANTS' commissions shall be made in like manner, but for the account of the ISSUING BANK or the L/C PARTICIPANTS, as the case may be. Subject to Section 3.1(b)(iiSubsection 4.1.(b)(ii), if any payment under this Agreement AGREEMENT or any Revolving Credit Note NOTE shall be specified to be made upon a day which is not a Business DayBUSINESS DAY, it shall be made on the next succeeding day which is a Business Day BUSINESS DAY and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Unc Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the - Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollarsthe applicable Permitted Currency, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its Lending Office its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. Notwithstanding anything to the contrary in this Section, to the extent that any Revolving Credit Loans made hereunder are made in accordance with the Revolving Credit Commitment Percentages of the Lenders, payments with respect to such Revolving Credit Loans shall be allocated in accordance with the Revolving Credit Commitment Percentages of the Lenders.

Appears in 1 contract

Samples: Tenth Amendment and Waiver (AbitibiBowater Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account ----------------- of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, --- ---- in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's --- ---- Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Administrative Agent and such extension any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Administrative Agent and such extension any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Revolving Credit Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds funds, and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Revolving Credit Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of any Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the applicable Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article IIprepayments) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Agent or to the Agent for the account of any or all Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. 12:00 noon (Charlotte Boston time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received on such day after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1SECTION 11.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall Settlement among the Agent and the Lenders will be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with SECTION 3.13. (b) The Borrower hereby irrevocably authorizes each Lender and each Affiliate of each Lender to charge any account of the Borrower maintained with such Lender or Affiliate with such amounts as may be necessary from time to time to pay any Secured Obligations (whether or not owed to the Agent or such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if ) which are not paid when due. (c) If any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon on a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest interest, if payable along any, in accordance with such payment, PROVIDED, that if such payment is a payment of principal of or interest on a Eurodollar Advance and such extension of time would cause the payment date to fall in the next calendar month, such payment shall be made on the next preceding Business Day.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Synthetic Industries Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment of principal (including repayments described in Article IIany prepayment) by the Borrower on account and payment of the principal of or interest on the Loans or of and fees, and any fee, commission or other amounts payable amount required to be paid to the Lenders under this Agreement or any Revolving Credit Note with respect to the Loans, shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Principal Office, for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Officeeach Lender, in DollarsDollars and in immediately available funds before 12:30 P.M. on the date such payment is due. The Agent may, but shall not be obligated to, debit the amount of any such payment which is not made by such time to any ordinary deposit account, if any, of the Borrower with the Agent. (b) The Agent shall deem any payment made by or on behalf of the Borrower hereunder that is not made both in Dollars and in immediately available funds and shall prior to 12:30 P.M. to be made without any seta non-off, counterclaim or deduction whatsoeverconforming payment. Any such payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall not be deemed to have been made on be received by the Agent until the later of (i) the time such funds become available funds and (ii) the next succeeding Business Day. Any non-conforming payment received after 2:00 p.m. may constitute or become a Default or Event of Default. Interest shall continue to accrue on any principal as to which a non-conforming payment is made until the later of (Charlotte timex) the date such funds become available funds or (y) the next Business Day at the Default Rate from the date such amount was due and payable. (c) In the event that any payment hereunder or under the Notes becomes due and payable on a day other than a Business Day, then such due date shall be deemed extended to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice unless provided otherwise under clause (ii) of the amount definition of "Interest Period"; PROVIDED that interest shall continue to accrue during the period of any such credit to each Lender. Subject to Section 3.1(b)(ii)extension and PROVIDED further, if that in no event shall any payment under this Agreement or any such due date be extended beyond the Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentTermination Date.

Appears in 1 contract

Samples: Credit Agreement (Delta Beverage Group Inc)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment of principal (including repayments described in Article IIany prepayment) by the Borrower on account and payment of the principal of or interest on the Loans or of and fees, and any fee, commission or other amounts payable amount required to be paid to the Lenders under this Agreement or any Revolving Credit Note with respect to the Loans, shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Principal Office, for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Officeeach Lender, in DollarsDollars and in immediately available funds before 12:30 P.M. on the date such payment is due. The Agent may, but shall not be obligated to, debit the amount of any such payment which is not made by such time to any ordinary deposit account, if any, of the Borrower with the Agent. (b) The Agent shall deem any payment made by or on behalf of the Borrower hereunder that is not made both in Dollars and in immediately available funds and shall prior to 12:30 P.M. to be made without any seta non-off, counterclaim or deduction whatsoeverconforming payment. Any such payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall not be deemed to have been made on be received by the Agent until the later of (i) the time such funds become available funds and (ii) the next succeeding Business Day. Any non-conforming payment received after 2:00 p.m. may constitute or become a Default or Event of Default. Interest shall continue to accrue on any principal as to which a non-conforming payment is made until the later of (Charlotte timex) the date such funds become available funds or (y) the next Business Day at the Default Rate from the date such amount was due and payable. (c) In the event that any payment hereunder or under the Notes becomes due and payable on a day other than a Business Day, then such due date shall be deemed extended to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice unless provided otherwise under clause (ii) of the amount definition of "Interest Period"; provided that interest shall continue to accrue during the period of any such credit to each Lender. Subject to Section 3.1(b)(ii)extension and provided further, if that in no event shall any payment under this Agreement or any such due date be extended beyond the Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such paymentTermination Date.

Appears in 1 contract

Samples: Credit Agreement (Windmere Durable Holdings Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Restaurant Co of Minnesota)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, (except as specified below) in Dollars, in immediately available funds and shall be made without any set-offsetoff, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 12.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Medimmune Inc /De)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the applicable Lenders (other than as set forth below) pro rata in accordance with their respective applicable Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's applicable Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. In furtherance thereof, any funds in or payments to the Funding Account (as defined in the Irrevocable Standby Stock Purchase Agreement) pursuant to Section 2.3(c) of the Irrevocable Standby Stock Purchase Agreement as a result of any Default under Section 12.1(a) or Section 12.1(b) shall be immediately applied by the Administrative Agent to repay in accordance with this Agreement outstanding Obligations that are then due and payable.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficeRatable Share (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.18.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its pro rata share of such payment in accordance with such Lender's Commitment Percentage address for notices set forth herein its Ratable Share (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 10.2 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii3.1(b)(i), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article IIArticles II and III) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission fee or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, payment the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(other than as specifically set forth below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage this Section 4.4 and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of the Issuing Lender's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it L/C Participants' commissions shall be made on in like manner, but for the next succeeding day which is a Business Day account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Sholodge Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.112.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit promptly distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Section 5.9, 5.10, 5.11 or 14.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (PAS, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Administrative Agent and such extension any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including including, without limitation, repayments described in Article Articles II, III, and IV) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission fee or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. 12:00 noon (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 5:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 5:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with this Section 4.4 such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii)the Agent of Agent's fees or letter of credit fees or expenses shall be made in like manner, if but for the account of the Agent or the Issuing Lender and the L/C Participants, as the case may be. Each payment to the Agent of Agent's fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under Sections 4.8, 4.9, 4.10, 4.11 or 13.2 shall be paid to the Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Corestaff Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including scheduled repayments described in Article II3) by the Borrower on account of the principal of or interest on the Revolving Credit Loans or and the Term Loans, and each payment of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note or Term Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata ratably in accordance with their respective (i) Revolving Credit Commitment Percentages in the case of payments with respect to the Revolving Credit Loans, and (ii) Term Loan Percentages in the case of payments with respect to the Term Loans, at the Administrative Agent's ’s Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's ’s account with its pro rata ratable share of such payment in accordance with such Lender's ’s (i) Revolving Credit Commitment Percentage in the case of payments with respect to the Revolving Credit Loans, and (ii) Term Loan Percentage in the case of payments with respect to the Term Loans, and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii4.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall shall, except in such the case of a scheduled interest payment, be included in computing any interest if payable along with such paymentinterest.

Appears in 1 contract

Samples: Credit Agreement (Roanoke Electric Steel Corp)

Manner of Payment. Except as otherwise provided herein, each (a) Each payment (including repayments described in Article IIprepayments) by the Borrower on account of the principal of or interest on the Loans or of Advances, fees, and any fee, commission or other amounts payable to the Lenders amount owed under this Agreement or any Revolving Credit Note other Loan Document shall be made not later than 1:00 p.m. 12:00 noon (Charlotte Dallas, Texas time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Officeoffice, in Dollars, in lawful money of the United States of America constituting immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. funds. (Charlotte timeb) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if If any payment under this Agreement or any Revolving Credit Note other Loan Document shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day, unless, with respect to a payment due in respect of a LIBOR Advance, such Business Day and such falls in another calendar month, in which case payment shall be made on the preceding Business Day. Any extension of time shall in such case be included in computing any interest and fees, if payable along any, in connection with such payment. (c) The Borrower agrees to pay principal, interest, fees and all other amounts due under the Loan Documents without deduction for set-off or counterclaim or any deduction whatsoever. (d) If some but less than all amounts due from the Borrower are received by the Administrative Agent, the Administrative Agent shall apply such amounts in the following order of priority; (i) to the payment of the Administrative Agent's expenses incurred on behalf of the Lenders then due and payable, if any; (ii) to the payment of all other fees then due and payable; (iii) to the payment of interest then due and payable; (iv) the payment of all other amounts not otherwise referred to in this clause (d) then due and payable under the Loan Documents; and (v) to the payment of principal then due and payable.

Appears in 1 contract

Samples: Credit Agreement (Club Corp International)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans Loan or of any fee, commission or other amounts payable to the Agent or the Lenders under this Agreement or any Revolving Credit the Note shall be made not later than 1:00 p.m. (Charlotte Baltimore, Maryland time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, outstanding balances in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Baltimore time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Baltimore, Maryland time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to the Agent of Agent’s fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under any Section 3.1(b)(ii), if of this Agreement relating to payments due to the Lenders shall be paid to the Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit the Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Tessco Technologies Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent’s office for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, entitled to such payment in Dollars, in immediately available funds and shall be made without any set-set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1Articles 7 and 8, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with such Lender at its pro rata share address for notices set forth herein its Pro Rata Share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Agent of Agent’s fees or expenses shall be made for the account of the Agent and any amount payable to any Lender under Sections 2.13, 2.14, 2.15 or 9.3 shall be paid to the Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii)the definition of Interest Period, if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment. Notwithstanding the foregoing, if there exists a Defaulting Lender each payment by the Borrower to such Defaulting Lender hereunder shall be applied in accordance with Section 2.20(a)(ii).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Par Pacific Holdings, Inc.)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, (except as specified below), in Dollars, in immediately available funds and shall be made without any set-set- off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's ’s Commitment Percentage Percentage, (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the applicable Issuing Bank’s fees or L/C Participants’ commissions shall be made in like manner, but for the account of such Issuing Bank or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 5.9, 5.10, 5.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 5.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Broadview Networks Holdings Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or Revolving Credit Loans, and each payment of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata ratably in accordance with their respective Revolving Credit Commitment Percentages Percentages, at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata ratable share of such payment in accordance with such Lender's Revolving Credit Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii)the definition of Interest Period contained herein, if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall shall, except in such the case of a scheduled interest payment, be included in computing any interest if payable along with such paymentinterest.

Appears in 1 contract

Samples: Credit Agreement (Markel Corp)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower Borrowers on account of the principal of or interest on the Revolving Loans or of any fee, commission fee or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any the Revolving Credit Note Notes shall be made not later than 1:00 p.m. (Charlotte Virginia time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders pro rata (other than as set forth below) ratably in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in U.S. Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte Virginia time) on such day shall be deemed a payment on such date for the purposes of Section 10.19.1(a), but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte Virginia time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if the Agent of Agent's fees or expenses shall be made for the account of the Agent and any amount payable to any Lender hereunder shall be paid to the Agent for the account of the applicable Lender. If any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which that is not a Business Day, it shall be made on the next succeeding day which that is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Loan Agreement (Stanley-Martin Communities, LLC)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account ----------------- of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata --- ---- in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in --- ---- accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Administrative Agent of Administrative Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it expenses shall be made on for the next succeeding day which is a Business Day account of the Administrative Agent and such extension any amount payable to any Lender under Sections 3.8, 3.9, 3.10, 3.11 or 12.2 shall be paid to the Administrative Agent for the account of time shall in such case be included in computing any interest if payable along with such paymentthe applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Revolving Credit Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 2:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 3:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 3:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Each payment to the Agent on account of the principal of or interest on the Swingline Loans or of any fee, commission or other amounts payable to the Swingline Lender under this Agreement or the Swingline Note shall be made in like manner, but for the account of the Swingline Lender. Subject to Section 3.1(b)(ii), if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Manner of Payment. Except (a) Contingent upon and solely to the extent of unpaid Transaction Proceeds (calculated as otherwise provided hereinof the end of the preceding calendar month and reported to Lender on or before the 15th day of the then-current month), if any, Borrower shall pay to Lender on the last day of each payment month during the term of this Loan Agreement (i) interest and principal on the Note, until such Note is paid in full and (ii) commencing after the Funding Termination Date, unpaid Cumulative Lender Profit, if any; provided, however, that any payments made by Borrower in respect of the Obligations hereunder shall be, to the extent available, allocated as follows: first, to pay all accrued and unpaid interest under the Note; second, to reduce the outstanding principal balance under the Note; and third, to pay to Lender unpaid Cumulative Lender Profit. (b) Payment of principal (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any feeprepayment), commission or interest, and any other amounts payable amount required to be paid to Lender pursuant to the Lenders under this Agreement or any Revolving Credit Note Loan Documents (which payment may be made by Borrower's check drawn on its bank) shall be made not later than 1:00 p.m. (Charlotte time) on to Lender at the date address specified for payment under this Agreement Lender in Section 8.2 below (or such other place designated by Lender by notice to the Administrative Agent for the account of the Lenders pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. Borrower). (Charlotte timec) on such day shall be deemed a payment on such date for the purposes of Section 10.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit each Lender's account with its pro rata share of such payment in accordance with such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject to Section 3.1(b)(ii), if If any payment hereunder or under this Agreement or the other Loan Documents becomes due and payable on any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it then such due date shall be made on extended to the next succeeding day which is a Business Day Day; provided that interest shall continue to accrue during the period of any such extension. (d) In the event that on or before November 23, 2003 (i) Borrower has fully paid the Note and (ii) at the time of such extension of time payment the Funding Termination Date has occurred, then notwithstanding anything herein to the contrary, Lender shall in such case not be included in computing entitled to receive any interest if payable along with such paymentCumulative Lender Profit.

Appears in 1 contract

Samples: Loan and Security Agreement (Blonder Tongue Laboratories Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's OfficePercentages, in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth in this Agreement its pro rata share of such payment in accordance with this Section 3.4 such Lender's Commitment Percentage and shall wire advice of the amount of such credit to each Lender. Subject Each payment to Section 3.1(b)(ii), if any payment under this Agreement the Agent of the Agent's fees or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it the expenses of the Agent or the Issuing Lender shall be made on for the next succeeding day which is a Business Day and such extension account of time the Agent. Each payment to the Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in such like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Any amount payable to any Lender under Section 3.7, 3.8, 3.12 or 13.2 shall be included in computing any interest if payable along with such paymentpaid to the Agent for the account of the applicable Lender.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Manner of Payment. Except as otherwise provided herein, each Each payment (including repayments described in Article II) by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including the Reimbursement Obligation) payable to the Lenders under this Agreement or any Revolving Credit Note shall be made not later than 1:00 p.m. (Charlotte time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent's Office for the account of the Lenders (other than as set forth below) pro rata in accordance with their respective Commitment Percentages at the Administrative Agent's Office(except as specified below), in Dollars, in immediately available funds and shall be made without any set-off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. (Charlotte time) on such day shall be deemed a payment on such date for the purposes of Section 10.111.1, but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. (Charlotte time) shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall credit distribute to each Lender's account with Lender at its address for notices set forth herein its pro rata share of such payment in accordance with such Lender's Commitment Percentage (except as specified below) and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Issuing Lender's fees or L/C Participants' commissions shall be made in like manner, but for the account of the Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of Administrative Agent's fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 4.9, 4.10, 4.11 or 13.3 shall be paid to the Administrative Agent for the account of the applicable Lender. Subject to Section 3.1(b)(ii), 4.1(b)(ii) if any payment under this Agreement or any Revolving Credit Note shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

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