Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day.
Appears in 3 contracts
Samples: Credit Agreement (United Grocers Inc /Or/), Credit Agreement (United Grocers Inc /Or/), Credit Agreement (United Grocers Inc /Or/)
Manner of Payments. Until such time as the Loan Agreement has been discharged pursuant to its terms, all Rent (aexcluding Segregated Excepted Property but including all other Excepted Property) shall be paid by Lessee to the Agent on behalf of Lessor to an account or location in the United States specified by the Agent from time to time hereafter. Segregated Excepted Property shall be paid by Lessee directly to the Person entitled to receive the same. All payments Rent and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder from time to time (including without limitation amounts payable by Third Party Purchasers and insurers) shall be paid by Lessee or such other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from Person in funds consisting of lawful currency of the Borrower United States of America, which (subject to the Agent or any Lender second paragraph of this Section 3.4) shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington recipient not later than 12:00 noon 11:00 A.M. (Seattle Eastern time) on the date on which of such payment or prepayment shall become duepayment. Any payment made after 12:00 noon (Seattle time) on any Business Day Subsequent to the discharge of the Loan Agreement pursuant to its terms, all Rent payable to the Agent pursuant to the first sentence of this Section 3.4 shall be deemed paid to have been received on Lessor (or its designee) to an account or location in the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which specified by such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge Person from time to time against any or all of hereafter. Whenever the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever date scheduled for any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than made hereunder shall not be a Business Day, then such payment shall need not be made and the last day of on such interest period shall occur scheduled date but may be made on the next succeeding Business Day with the same force and effect as if made on such extension of time shall in such case be included in the computation scheduled date (subject to accrual and payment of interest or commitment feesyield, as the case may be, unless such extension would cause such payment to be made or for the last day period of such interest period to occur extension) on such next succeeding Business Day); provided, notwithstanding the foregoing, (i) where the next succeeding Business Day falls in the next following succeeding calendar month, in which case month such payment shall be due and the last day of such interest period shall occur made on the next preceding Business Day, (ii) no payment date shall extend beyond the Maturity Date or the Expiration Date and (iii) where a payment period begins on the day for which there is no numerically corresponding day in the calendar month in which such payment period is to end, such payment period shall end on the last Business Day of such calendar month.
Appears in 2 contracts
Samples: Master Equipment Lease Agreement (Coca Cola Bottling Co Consolidated /De/), Master Equipment Lease Agreement (Coca Cola Bottling Co Consolidated /De/)
Manner of Payments. (a) All Agent is authorized to deduct all interest and all other fees and expenses due from any of Borrowers' checking accounts maintained with Agent. If such payments are not taken from Borrowers' checking accounts, all payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the Borrower by Borrowers to the Agent or any Lender shall be made by paying the same in United States State Dollars and in immediately available funds to the Agent at its Commercial Loan Service Processing Center, Seattle, Washington not later than 12:00 noon Noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower Borrowers hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower Borrowers with Agent or any Lender or any affiliate Affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and on the next succeeding Business Day. In the case of an Offshore Loan or Long Term Base Loan, whenever the last day of any Applicable Interest Period would otherwise occur on a day other than a Business Day, the last day of such interest period Applicable Interest Period shall occur occur, on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment feesinterest, as the case may beUNLESS, unless such extension would cause such payment to be made or the last day of such interest period Applicable Interest Period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period Applicable Interest Period shall occur occur, on the next preceding Business DayDay and the calculation of interest will be adjusted accordingly.
Appears in 2 contracts
Samples: Loan Agreement (Northwest Pipe Co), Loan Agreement (Northwest Pipe Co)
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the office of the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (Seattle 10:00 o'clock A.M., San Francisco, California time) , on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any the Agent or such Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day.
(d) Any payment made by the Borrower hereunder shall be applied first, against fees, expenses and indemnities due hereunder; second, against interest due on amounts in Default on any Committed Loan, if any; third, against interest due on amounts in Default on any Competitive Bid Loan, if any (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); fourth, against interest due on any Committed Loan, if any; fifth, against interest due on any Competitive Bid Loan, if any (applied pro rata in proportion to the aggregate interest due on all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding); sixth, against Committed Loan principal amounts in Default, if any; seventh, against Competitive Bid Loan principal amounts in Default, if any, (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); eighth, against Committed Loan principal, if any, and ninth, against Competitive Bid Loan principal, if any, (applied pro rata in proportion to the then-outstanding principal balance of all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding).
Appears in 1 contract
Samples: Extended Revolving Credit Agreement (Costco Wholesale Corp /New)
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the by Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Processing Center, Seattle, Washington not later than 12:00 noon Noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with Agent or any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in Day.
(d) Unless Borrower has notified Agent prior to the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause such date any payment to be made or by it is due, that it does not intend to remit such payment, Agent may, in its sole and absolute discretion, assume that Borrower has timely remitted such payment and may, in its sole and absolute discretion and in reliance thereon, make available such payment to the last day Lender entitled thereto. If such payment was not in fact remitted to Agent in immediately available funds, then each Lender shall forthwith on demand repay to Agent the amount of such assumed payment made available to such Lender, together with interest period thereon in respect of each day from and including the date such amount was made available by Agent to occur in such Lender to the next following calendar month, in which case date such payment shall be due and amount is repaid to Agent at the last day of such interest period shall occur on the next preceding Business DayFederal Funds Rate.
Appears in 1 contract
Manner of Payments. (a) All payments made pursuant to the Credit Agreement shall be made without set-off or counterclaim but subject to deduction for, and prepayments of principal net of, applicable Excluded Taxes and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from shall be made in immediately available funds by the Borrower to the Agent or any Lender for the account of the Lenders in accordance with their Proportionate Share. All such payments shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service CenterAgent, Seattleprior to 11:00 a.m., Washington not later than 12:00 noon (Seattle New York City time) , on the date on which due to the Agent's account at JPMorgan Chase Bank, ABA#: 021000021, Account of Fortis Capital Corp., Account # 001-1-000000, Xeference: Seabulk, or at such payment or prepayment shall become dueother place in Xxx Xxxx xx may be designated by the Agent to the Borrower in writing. Any payment made payments received after 12:00 noon (Seattle 11:00 a.m., New York City time) on any Business Day , shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof The Agent shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds promptly remit to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and in the same type of funds as payment was received, each Lender's Proportionate Share according to its respective interest of all such payments received by the Agent for the account of such Lender. Subject to the extent definition of "Interest Period", whenever any payment is not promptly to be made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day date other than a Business Day, such payment shall may be made and the last day of such interest period shall occur on the next succeeding Business Day with the same effect as if made on the due date but interest shall continue to accrue until the date of payment.
(b) If any Lender or other holder of a Note shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset, set-off, banker's lien, counterclaim or otherwise) on account of principal of or interest on any Note or Reimbursement Obligation in excess of its Proportionate Share of payments and other recoveries obtained by all Lenders or other holders, such extension of time Lender or other holder shall in purchase from the other Lenders or holders such case be included participation in the computation Notes and payment of interest or commitment fees, Reimbursement Obligations held by them as the case may be, unless such extension would shall be necessary to cause such purchasing Lender or other holder to share the excess payment or other recovery with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to be made or the last day extent of such interest period to occur in recovery, but without interest. The Borrower agrees that the next following calendar month, in which case such payment shall be due and Lender so purchasing a participation from the last day of such interest period shall occur on the next preceding Business Day.other Lenders under this Section 2.09
Appears in 1 contract
Manner of Payments. (a) All payments and prepayments Each payment by the Company of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable a Reimbursement Obligation under Section 2.10(c) hereof) or under any other Loan Document due from the Borrower to the Agent or any Lender this Agreement shall be made by paying transferring the same in United States Dollars and amount thereof in immediately available funds Dollars to the Agent at its Commercial Loan Service CenterTrustee for credit (i) to the Purchase Reimbursement Fund (as such term is defined in the Indenture), Seattlein the case of reimbursement of the amount of any Tender Drawing, Washington or (ii) to the Credit Reimbursement Fund (as such term is defined in the Indenture), in the case of reimbursement of the amount of any Principal Drawing. All other payments payable by the Company hereunder shall be paid to the Issuing Bank. All payments payable by the Company hereunder shall be made not later than 12:00 noon 2:00 p.m. (Seattle New York City time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day , in each case without set-off or counterclaim and shall be deemed to have been received on free and clear of, and without deduction for, any taxes, duties, levies, imposts or other charges of a similar nature. Time is of the next Business Dayessence of this Agreement. All payments and prepayments of principal and interest on If any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof payment due hereunder shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) paid on the date when due, but following the time of day required above, the Company shall pay to the Issuing Bank, on which demand, as an additional fee hereunder, an amount equal to the Federal Funds Rate for such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on day plus 1%, multiplied by the next Business Dayamount of such payment, divided by 360.
(b) The Borrower hereby authorizes Issuing Bank shall have the Agent and each Lender, if and right to determine the order in which amounts paid by the Company are applied to the extent amounts then due and payable hereunder, regardless of any payment is not promptly made pursuant application designated by the Company. The Company agrees to pay any interest or other amounts due under this Agreement to the Issuing Bank at the L/C Bank Account or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Documentaccount as may be designated by the Issuing Bank.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Tenet Healthcare Corp)
Manner of Payments. (a) All payments made pursuant to this Agreement shall be made without set-off or counterclaim but subject to deduction for, and prepayments of principal net of, applicable Excluded Taxes and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from shall be made in immediately available funds by the Borrower to the Agent or any Lender for the account of the Lenders in accordance with their Proportionate Share. All such payments shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service CenterAgent, Seattleprior to 11:00 a.m., Washington not later than 12:00 noon (Seattle New York City time) , on the date on which due to the Agent's account at JPMorgan Chase Bank, ABA#: 000000000, Account of Fortis Capital Corp., Account # 000-0-000000, Reference: Seabulk, or at such payment or prepayment shall become dueother place in New York as may be designated by the Agent to the Borrower in writing. Any payment made payments received after 12:00 noon (Seattle 11:00 a.m., New York City time) on any Business Day , shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof The Agent shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds promptly remit to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and in the same type of funds as payment was received, each Lender's Proportionate Share according to its respective interest of all such payments received by the Agent for the account of such Lender. Subject to the extent definition of "Interest Period", whenever any payment is not promptly to be made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day date other than a Business Day, such payment shall may be made and the last day of such interest period shall occur on the next succeeding Business Day with the same effect as if made on the due date but interest shall continue to accrue until the date of payment.
(b) If any Lender or other holder of a Revolving Loan Note shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset, set-off, banker's lien, counterclaim or otherwise) on account of principal of or interest on any Revolving Loan Note or Reimbursement Obligation in excess of its Proportionate Share of payments and other recoveries obtained by all Lenders or other holders, such extension of time Lender or other holder shall in purchase from the other Lenders or holders such case be included participation in the computation Revolving Loan Notes and payment of interest or commitment fees, Reimbursement Obligations held by them as the case may be, unless such extension would shall be necessary to cause such purchasing Lender or other holder to share the excess payment or other recovery with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to be made or the last day extent of such interest period recovery, but without interest. The Borrower agrees that the Lender so purchasing a participation from the other Lenders under this Section 2.09(b) may exercise all its rights of payment, including the right of set-off, with respect to occur such participation as fully as if such Lender were the direct creditor of such Borrower in the next following calendar month, in which case such payment shall be due and amount of the last day of such interest period shall occur on the next preceding Business Dayparticipation.
Appears in 1 contract
Manner of Payments. (a) All payments made pursuant to this Agreement shall be made without set-off or counterclaim but subject to deduction for, and prepayments of principal net of, applicable Excluded Taxes and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from shall be made in immediately available funds by the Borrower to the Agent or any Lender for the account of the Lenders in accordance with their Pro Rata Share. All such payments shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service CenterAgent, Seattleprior to 11:00 a.m., Washington not later than 12:00 noon (Seattle New York City time) , on the date on which due to the Agent’s account at Royal Bank of Canada, Xxxxxxx, Xxxxxxx, X0X 0X0, Swift Code: XXXX XX 2A, For Credit To: Fortis Bank (AKA) Meespierson Amsterdam Account of Fortis Capital Corp., Account # 21 39 22 959, Reference: Secunda, or at such payment or prepayment shall become dueplace in New York as may be designated by the Agent to the Borrower in writing. Any payment made payments received after 12:00 noon (Seattle 11:00 a.m., New York City time) on any Business Day , shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof The Agent shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds promptly remit to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and in the same type of funds as payment was received, each Lender’s Pro Rata Share according to its respective interest of all such payments received by the Agent for the account of such Lender. Subject to the extent definition of “Interest Period”, whenever any payment is not promptly to be made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day date other than a Business Day, such payment shall may be made and the last day of such interest period shall occur on the next succeeding Business Day with the same effect as if made on the due date but interest shall continue to accrue until the date of payment.
(b) If any Lender or other holder of a Revolving Loan Note shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset, set-off, banker’s lien, counterclaim or otherwise) on account of principal of or interest on any Revolving Loan Note or Reimbursement Obligation in excess of its Pro Rata Share of payments and other recoveries obtained by all Lenders or other holders, such extension of time Lender or other holder shall in purchase from the other Lenders or holders such case be included participation in the computation Revolving Loan Notes and payment of interest or commitment fees, Reimbursement Obligations held by them as the case may be, unless such extension would shall be necessary to cause such purchasing Lender or other holder to share the excess payment or other recovery with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to be made or the last day extent of such interest period recovery, but without interest. The Borrower agrees that the Lender so purchasing a participation from the other Lenders under this Section 2.07(b) may exercise all its rights of payment, including the right of set-off, with respect to occur such participation as fully as if such Lender were the direct creditor of the Borrower in the next following calendar month, in which case such payment shall be due and amount of the last day of such interest period shall occur on the next preceding Business Dayparticipation.
Appears in 1 contract
Manner of Payments. (a) All payments Prior to the last Business Day of each month and prepayments the end of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from each Interest Period, the Agent shall render a statement to the Borrower of all amounts due to the Agent and the Lenders for principal, interest and fees hereunder. All amounts listed on each such statement shall be due and payable on the last Business Day of such month or, as the case may be, the last day of such Interest Period, in respect of which such statement was sent. As to all other Obligations which become due and payable other than on a fixed date by their terms, the Agent shall advise the Borrower by a written statement that they are due and payable, and the Borrower shall pay the same within ten days of receipt of such statement. If any amounts are not paid by the Borrower when due and payable, such amounts shall bear interest at the Default Interest Rate, and the Lenders may then charge any account of the Borrower for such Obligation in the amount due to the Lenders. Any failure by the Agent to render any such statement or give any Lender such advice shall in no way relieve the Borrower of any liability for or obligation to pay any amount due and payable hereunder.
(b) Whenever any payment to be made hereunder, including without limitation any payment to be made on a Note, shall be stated to be due on a day that is not a Business Day, such payment may be made on the next succeeding Business Day, and such extension of time shall in each case be included in the computation of the interest payable on such Note.
(c) Unless otherwise provided in this Agreement, all payments or prepayments made or due hereunder or under the Notes shall be made by paying the same in United States Dollars and in immediately available funds by federal funds wire transfer, and without setoff, deduction or counterclaim, to the Agent at its Commercial Loan Service Centerprior to 11:00 A.M., SeattleCleveland time, Washington not later than 12:00 noon (Seattle time) on the date on which when due, at its offices at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000, or at such payment or prepayment shall become dueother place as may be designated by the Agent. Any payment made Funds received after 12:00 noon (Seattle 11:00 A.M., Cleveland time) on any Business Day , shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to To the extent any such payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all for the ratable benefit of the accounts of Lenders, the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document Agent shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause promptly distribute such payment to be made or the last day of such interest period to occur Lenders in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Dayaccordance with their respective Ratable Shares.
Appears in 1 contract
Manner of Payments. (a) All payments made pursuant to the Credit Agreement shall be made in the lawful currency of the United States of America without set-off or counterclaim but subject to deduction for, and prepayments of principal net of, applicable Excluded Taxes and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from shall be made in immediately available funds by the Borrower to the Agent or any Lender for the account of the Lenders in accordance with their Proportionate Share. All such payments shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service CenterAgent, Seattleprior to 11:00 a.m., Washington not later than 12:00 noon (Seattle New York City time) , on the date on which due to the Agent’s account at JPMorgan Chase Bank, N.A., ABA#: 000000000, Account of Fortis Capital (Canada) Ltd., Account # 400129507, Reference: Secunda Term Loan, or at such payment or prepayment shall become dueother place in New York as may be designated by the Agent to the Borrower in writing. Any payment made payments received after 12:00 noon (Seattle 11:00 a.m., New York City time) on any Business Day , shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof The Agent shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds promptly remit to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and in the same type of funds as payment was received, each Lender’s Proportionate Share according to its respective interest of all such payments received by the Agent for the account of such Lender. Subject to the extent definition of “Interest Period”, whenever any payment is not promptly to be made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day date other than a Business Day, such payment shall may be made and the last day of such interest period shall occur on the next succeeding Business Day with the same effect as if made on the due date but interest shall continue to accrue until the date of payment.
(b) If any Lender or other holder of a Term Loan Note shall obtain any payment or other recovery (whether voluntary, involuntary, by application of offset, set-off, banker’s lien, counterclaim or otherwise) on account of principal of or interest on a Term Loan Note in excess of its Proportionate Share of payments and other recoveries obtained by all Lenders or other holders, such extension of time Lender or other holder shall in purchase from the other Lenders or holders such case be included participation in the computation and payment of interest or commitment fees, Term Loan Notes held by them as the case may be, unless such extension would shall be necessary to cause such purchasing Lender or other holder to share the excess payment or other recovery with each of them; provided, however, that if all or any portion of the excess payment or other recovery is thereafter recovered from such purchasing holder, the purchase shall be rescinded and the purchase price restored to be made or the last day extent of such interest period recovery, but without interest. The Borrower agrees that the Lender so purchasing a participation from the other Lenders under this Section 2.07(b) may exercise all its rights of payment, including the right of set-off, with respect to occur such participation as fully as if such Lender were the direct creditor of such Borrower in the next following calendar month, in which case such payment shall be due and amount of the last day of such interest period shall occur on the next preceding Business Day.participation
Appears in 1 contract
Manner of Payments. (a) All payments and prepayments to be made by Borrower of principal of, and interest on any Loan (other than an Overnight Loan) on, the Notes and in respect of Letter of Credit Reimbursement Obligations, and all fees and other amounts sums and charges payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the by Borrower to the Agent or any Lender hereunder, shall be made by paying the same to Agent in United States Dollars and U.S. dollars in immediately available funds prior to the Agent at its Commercial Loan Service Center11:00 A.M. (Providence, Seattle, Washington not later than 12:00 noon (Seattle Rhode Island time) on the date on which day that such payment or prepayment is due; PROVIDED that it shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall not be deemed to have been received be an Event of Default hereunder if a payment is due on the next a day which is not a Business Day. All payments Day and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same Agent receives such payment in United States Dollars and in immediately available funds prior to U.S. Bank at its Commercial Loan Service Center11:00 A.M. (Providence, Portland, Oregon not later than 3:00 p.m. (Portland Rhode Island time) on the next succeeding Business Day, and PROVIDED FURTHER that upon not less than two (2) Business Days prior notice to Borrower any such payment may be made by Agent debiting the demand deposit accounts, if any, maintained with Agent on each date on which any such payment is due or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on remains unpaid hereunder or under the Notes, in an amount up to the principal, interest, Letter of Credit Reimbursement Obligations, fees or other sums or charges due and payable hereunder or under the Notes, and any Business Day such debit shall be deemed to have been received on payment hereunder and/or under the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and Notes in question to the extent any immediately available funds are then in such accounts. Any such payment which is not promptly made pursuant received in such form or prior to such time shall be deemed received for all purposes of this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and on which such extension of time funds become immediately available prior to such time. Promptly upon receipt thereof, Agent shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause such payment payments to be distributed by wire transfer to Lenders entitled thereto, in like funds with respect to the payment received by Agent from Borrower. Distributions to Lenders by Agent shall be made or the last day to such office as such Lender shall from time to time designate in writing to Agent. The amount of each payment wired by Agent to each such Lender shall be such amount as shall be necessary to provide such Lender with its Commitment Share of such interest period payment (without consideration or use of any contra accounts of any Lender), or with such other amount as may be owing to occur such Lender in the next following calendar monthaccordance with this Agreement (in each case, in which case without deduction for any claim, defense or offset of any type). Each such payment wire transfer shall be due sent by Agent only after Agent has received immediately available dollars from or on behalf of Borrower and the last day of each such interest period wire transfer by Agent shall occur on the next preceding Business Dayprovide each Lender receiving same with immediately available funds.
Appears in 1 contract
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the by Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Processing Center, Seattle, Washington not later than 12:00 noon Noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with Agent or any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and on the next succeeding Business Day. In the case of a LIBOR Loan or a Multi-Currency Loan, whenever the last day of any Applicable Interest Period would otherwise occur on a day other than a Business Day, the last day of such interest period Applicable Interest Period shall occur occur, on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment feesinterest, as the case may beunless, unless such extension would cause such payment to be made or the last day date of such interest period Applicable Interest Period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period Applicable Interest Period shall occur occur, on the next preceding Business Day.
(d) Unless Borrower has notified Agent prior to the date any payment to be made by it is due, that it does not intend to remit such payment, Agent may, in its sole and absolute discretion, assume that borrower has timely remitted such payment and may, in its sole and absolute discretion and in reliance thereon, make available such payment to the Lender entitled thereto. If such payment was not in fact remitted to Agent in immediately available fund, then each Lender shall forthwith on demand repay to Agent the amount of such assumed payment made available to such Lender, together with interest thereon in respect of each day from and including the date such amount was made available by Agent to such Lender to the date such amount is repaid to Agent at the Federal Funds Rate.
Appears in 1 contract
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the office of the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (Seattle 10:00 a.m., San Francisco, California time) , on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any the Agent or such Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day.
(d) Any payment made by the Borrower hereunder shall be applied first, against fees, expenses and indemnities due hereunder; second, against interest due on amounts in Default on any Committed Loan, if any; third, against interest due on amounts in Default on any Competitive Bid Loan, if any (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); fourth, against interest due on any Committed Loan, if any; fifth, against interest due on any Competitive Bid Loan, if any (applied pro rata in proportion to the aggregate interest due on all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding); sixth, against Committed Loan principal amounts in Default, if any; seventh, against Competitive Bid Loan principal amounts in Default, if any, (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); eighth, against Committed Loan principal, if any, and ninth, against Competitive Bid Loan principal, if any, (applied pro rata in proportion to the then-outstanding principal balance of all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding).
Appears in 1 contract
Samples: Short Term Revolving Credit Agreement (Costco Wholesale Corp /New)
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon 10:00 o'clock a.m. (Seattle Seattle, Washington time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) On each date when the payment of any interest is due hereunder or under any Note (each, a "Due Date"), the Borrower covenants to maintain on deposit in its ordinary checking account maintained at Bank of America Oregon, an amount sufficient to pay such interest in full. The Borrower irrevocably authorizes the Agent to deduct automatically all interest due on each such interest payment date from such account. The Borrower agrees to execute such other documents and instructions as may be reasonably necessary or desirable to give effect to the terms of this Section 2.10(b). In addition, the Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with the Agent or any Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such any other Loan Document.
(c) Approximately ten (10) days prior to each Due Date, the Agent shall give written notice (which may be by telegram, facsimile transmission, cable or telex) of the amounts that will be due on such Due Date. The calculation of the amounts due will be made on the assumption that no new extensions of credit or payments will be made between the date of such notice and the Due Date, and that there will be no changes in the applicable interest rate. Notwithstanding the foregoing to the contrary, amounts due on any Due Date shall be calculated in accordance with this Agreement and the failure of the Agent to give notice as provided in this Section 2.10(c) shall not affect the obligations of the Borrower hereunder or under any other Loan Document.
(d) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day.
(e) Any payment made by the Borrower hereunder shall be applied first, against fees, expenses and indemnities due hereunder; second, against interest; and thereafter, against Loan principal.
Appears in 1 contract
Samples: Revolving Credit Agreement (Hollywood Entertainment Corp)
Manner of Payments. (a) All payments Prior to each Quarterly Date and prepayments the end of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from each Interest Period, the Agent shall render a statement to the Borrower of all amounts due to the Agent and the Banks for principal, interest and fees hereunder. All amounts listed on each such statement shall be due and payable on the Quarterly Date or, as the case may be, the last day of such Interest Period, in respect of which such statement was sent. As to all other Obligations which become due and payable other than on a fixed date by their terms, the Agent shall advise the Borrower by a written statement that they are due and payable, and the Borrower shall pay the same within ten days of receipt of such statement. If any amounts are not paid by the Borrower when due and payable, such amounts shall bear interest at the Default Interest Rate, and the Banks may then charge any account of the Borrower for such Obligation in the amount due to the Banks. Any failure by the Agent to render any such statement or give any Lender such advice shall in no way relieve the Borrower of any liability for or obligation to pay any amount due and payable hereunder.
(b) Whenever any payment to be made hereunder, including without limitation any payment to be made on a Note, shall be stated to be due on a day that is not a Banking Day, such payment may be made on the next succeeding Banking Day, and such extension of time shall in each case be included in the computation of the interest payable on such Note.
(c) Unless otherwise provided in this Agreement, all payments or prepayments made or due hereunder or under the Notes shall be made by paying the same in United States Dollars and in immediately available funds by federal funds wire transfer, and without setoff, deduction or counterclaim, to the Agent at its Commercial Loan Service Centerprior to 11:00 A.M., SeattleCleveland time, Washington not later than 12:00 noon (Seattle time) on the date on which such payment when due, at its offices at 127 Public Square, Cleveland, Ohio 44114, or prepayment shall become dueat suxx xxxxx xxxxx xx xxx xx xxxxxxxxxx xx xhe Agent. Any payment made Funds received after 12:00 noon (Seattle 11:00 A.M., Cleveland time) on any Business Day , shall be deemed to have been received on the next Business Banking Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to To the extent any such payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all for the ratable benefit of the accounts of Banks, the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document Agent shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause promptly distribute such payment to be made or the last day of such interest period to occur Banks in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Dayaccordance with their respective Ratable Shares.
Appears in 1 contract
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or and any Lender Subsidiary Borrower hereunder shall be made by paying in Dollars, except that prepayments or repayments in respect of Loans and payments of interest on Loans shall be made in the same Currency in United States Dollars and which such Loan is denominated, in Federal or other immediately available funds to without deduction, setoff or counterclaim at the Agent at its Commercial Loan Service Center, Seattle, Washington not Funding Office no later than 12:00 noon (Seattle 1:00 P.M., New York City time) , on the date on which such payment or prepayment shall become be due. Any payment made after 12:00 noon (Seattle time) on Interest in respect of any Business Day Loan hereunder shall be deemed to have been received on accrue from and including the next Business Day. All payments and prepayments date of principal and interest on any Overnight such Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Centerto, Portlandbut excluding, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment Loan is paid or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Dayrefinanced with a Loan of a different Interest Rate Type.
(b) The Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any LIBOR Borrowing (or, in the case of any ABR Borrowing, prior to 2:00 P.M., New York City time, on the date of such ABR Borrowing) that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.2 (or, in the case of an ABR Borrowing, that such Lender has made such share available in accordance with and at the time required by Section 2.2) and may, in reliance upon such assumption, make available to the Borrower hereby authorizes the Agent and each Lendera corresponding amount. In such event, if and a Lender has not in fact made its share of the applicable Borrowing available to the extent any payment is not promptly made pursuant to this Agreement or any other Loan DocumentAdministrative Agent, to charge from time to time against any or all of then the accounts of applicable Lender and the Borrower with any Lender or any affiliate of any Lender any severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation Currency in which such Loan is denominated, in Federal or other immediately available funds with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment of interest or commitment feesto the Administrative Agent, as at (A) in the case may be, unless such extension would cause such of a payment to be made by such Lender, the Overnight Rate, plus the fee customarily charged by the Administrative Agent (and subject to the IFSA interbank compensation rules from time to time) in connection with the foregoing, and (B) in the case of a payment to be made by the Borrower, the interest rate applicable to ABR Loans. If the Borrower and such Lender shall pay such interest to the Administrative Agent for the same or an overlapping period, the last day Administrative Agent shall promptly remit to the Borrower the amount of such interest period paid by the Borrower for such period. If such Lender pays its share of the applicable Borrowing to occur the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing. Any payment by the next following calendar month, in which case Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make such payment shall be due and to the last day of such interest period shall occur on the next preceding Business DayAdministrative Agent.
Appears in 1 contract
Manner of Payments. (a) Prior to each Quarterly Date and the end of each Interest Period, the Agent shall render a statement to the Borrower of all amounts due to the Banks for principal, interest and fees hereunder. All payments amounts listed on each such statement shall be due and prepayments payable on the Quarterly Date or, for LIBOR Loans, the last day of principal such Interest Period, in respect of which such statement was sent. As to all other Obligations which become due and payable other than on a fixed date by their terms, the Agent shall advise the Borrower by a written statement that they are due and payable, and the Borrower shall pay the same within five days of receipt of such statement. Any failure by the Agent to render any such statement or give any such advice shall in no way relieve the Borrower of any liability for or obligation to pay any amount due and payable hereunder.
(b) Whenever any payment to be made hereunder, including without limitation any payment to be made on a Note, shall be stated to be due on a day which is not a Banking Day, such payment may be made on the next succeeding Banking Day, and such extension of time shall in each case be included in the computation of the interest payable on such Note; PROVIDED, HOWEVER, that if such extension of time would cause payment of interest on any or principal of a LIBOR Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from to be made in the Borrower to the Agent or any Lender next calendar month, such payment shall be made by paying on the same next preceding Banking Day.
(c) Unless otherwise provided in United States Dollars and this Agreement, all payments or prepayments made or due hereunder or under the Notes shall be made in immediately available funds by federal funds wire transfer, and without setoff, deduction or counterclaim, to the Agent at its Commercial Loan Service Centerprior to 11:00 A.M., SeattleCleveland time, Washington not later than 12:00 noon (Seattle time) on the date on which when due, at its offices at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, Xxxx 00000, or at such payment or prepayment shall become dueother place as may be designated by the Agent. Any payment made Funds received after 12:00 noon (Seattle 1:00 P.M., Cleveland time) on any Business Day , shall be deemed to have been received on the next Business Banking Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to To the extent any such payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all for the ratable benefit of the accounts of Banks, the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document Agent shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause promptly distribute such payment to be made or the last day of such interest period to occur Banks in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Dayaccordance with their respective Ratable Shares.
Appears in 1 contract
Samples: Loan Agreement (Gray Communications Systems Inc /Ga/)
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) the Advances and all other amounts payable hereunder (other than commitment fees payable by Borrower under Section 2.10(c) hereof) or under any other the Loan Document due from the Borrower to the Agent or any Lender Documents shall be made by paying the same in United States Dollars and in immediately available funds to Lender at the Agent at its Commercial Loan Service Centeraddress shown below, Seattleor such other address as Lender designates in writing, Washington not later than 12:00 noon (Seattle time) 10:00 a.m., PST, on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other the Loan DocumentDocuments, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other the Loan DocumentDocuments.
(c) All computations of interest and fees shall be made on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such interest or fees are payable.
(d) Whenever any payment hereunder or under any other Loan Document shall be stated to be due due, or whenever the last day of any interest period Advance Period would otherwise occur occur, on a day other than a Business Day, such payment shall be made and the last day of such interest period Advance Period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and of payment of interest or commitment fees, as the case may be, unless such extension would cause such payment to be made or the last day date of such interest period Advance Period to occur in the next following calendar month, in which case such payment shall be due made and the last day of such interest period Advance Period shall occur on the next preceding Business Day.
(e) Any payment made by Borrower shall be applied, first, against fees, expenses and indemnities due under the Loan Documents; second, against interest due on amounts in default, if any; third, against interest due on amounts not in default; fourth against principal due on amounts bearing interest at the Prime Rate, and fifth against principal due on amounts bearing interest at the LIBO Fixed Rate.
Appears in 1 contract
Samples: Revolving Credit Agreement (Fei Co)
Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (10:00 o'clock A.M., Seattle time) , on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day.
(b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any the Agent or such Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such other Loan Document.
(c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day.
(d) Any payment made by the Borrower hereunder shall be applied FIRST, against fees, expenses and indemnities due hereunder; SECOND, against interest due on amounts in default on any Committed Loan, if any; THIRD, against interest due on amounts in default on any Bid Loan, if any; FOURTH, against interest due on any Committed Loan; FIFTH, against interest due on any Bid Loan (applied pro rata in proportion to the aggregate interest due on all Bid Loans if more than one such Bid Loan is outstanding); SIXTH, against Committed Loan principal amounts in default, if any; SEVENTH, against Bid Loan principal amounts in default, if any (applied pro rata in proportion to the amounts in default if more than one such Bid Loan is in default); EIGHTH, against Committed Loan principal; and NINTH, against Bid Loan principal (applied pro rata in proportion to the then-outstanding principal balance of all Bid Loans if more than one such Bid Loan is outstanding).
Appears in 1 contract
Samples: Quarterly Report