Common use of Method, Timing and Application of Payments Clause in Contracts

Method, Timing and Application of Payments. (a) Each payment (including each prepayment) by the Borrower on account of principal of and interest and other amounts on the Term Loans shall be made pro rata according to the respective outstanding principal amounts of the Term Loans then held by the Lenders. (b) All payments (including prepayments) to be made by the Borrower hereunder, whether on account of principal, interest, premiums or otherwise, shall be made without setoff or counterclaim and shall be made prior to 1:00 p.m., New York City time, on the due date thereof to the Administrative Agent for the account of the Lenders at the Payment Office of the Administrative Agent in Dollars and in immediately available funds. The Administrative Agent shall distribute such payments to each relevant Lender promptly upon receipt in like funds as received unless funds are received after 1:00 p.m., New York City time, then the relevant payments or distributions shall be made on the subsequent Business Day. If any payment hereunder becomes due and payable on a day, other than a Business Day, such payment shall be extended to the next succeeding Business Day. In the case of any extension of any payment of principal pursuant to the preceding sentence, interest thereon shall be payable at the then applicable rate during such extension. (c) All payments shall be applied first to the payment of all fees, expenses, premiums and other amounts due to the Administrative Agent, the Collateral Agent and then to the Lenders (excluding principal and interest), then to accrued and unpaid interest, and the balance on account of outstanding principal; provided, however, that after an Event of Default, payments will be applied to the obligations of the Borrower to the Administrative Agent, the Collateral Agent and the Lenders as provided in Section 11.5 or, except for the obligations due to the Agents, otherwise as the Majority Lenders determine in their sole discretion.

Method, Timing and Application of Payments. (a) Each payment (including each prepayment) All payments required to be made pursuant to the provisions of this Agreement and any other Lender Agreement, and all prepayments pursuant to Section 4.1, may be charged by the Borrower on Agent against the Borrowers' accounts with the Agent. The Borrowers hereby authorize the Agent and the Lenders, without notice to the Borrowers, to charge against any account of the Borrowers with the Agent or such Lender an amount equal to the accrued interest, principal of and interest and other amounts on the Term Loans shall be made pro rata according from time to time due and payable to the respective outstanding principal amounts of Agent and the Term Loans then held by the LendersLenders hereunder and under all other Lender Agreements. (b) All payments (including prepayments) to shall be made by the Borrower hereunderBorrowers to the Agent at the Agent's address set forth in Section 11.1 hereof or such other place as the Agent may from time to time specify in writing not later than 12:00 noon (Boston time) in lawful currency of the United States of America in immediately available funds without counterclaim or setoff and free and clear of, whether on account and without any deduction or withholding for, any taxes or other payments. The Agent will, after its receipt thereof, distribute like funds relating to the payment of principal, interest, premiums interest or otherwise, any other amounts payable hereunder ratably to the Lenders in accordance with their respective Commitment Percentages. Any payment made by the Borrowers to the Agent under this Agreement or under the Notes in the manner provided in this Agreement shall be made without setoff or counterclaim and deemed to be a payment to each of the respective Lenders, unless the provisions of this Agreement expressly provide that any such payment shall be made prior to 1:00 p.m., New York City time, on the due date thereof to the Administrative Agent solely for the account of the Lenders at the Payment Office of the Administrative Agent in Dollars and in immediately available funds. The Administrative Agent shall distribute such payments to each relevant Lender promptly upon receipt in like funds as received unless funds are received after 1:00 p.m., New York City time, then the relevant payments or distributions shall be made on the subsequent Business Day. If any payment hereunder becomes due and payable on a day, other than a Business Day, such payment shall be extended to the next succeeding Business Day. In the case of any extension of any payment of principal pursuant to the preceding sentence, interest thereon shall be payable at the then applicable rate during such extensionspecific Lender. (c) All payments shall be applied first to the payment of all fees, expenses, premiums expenses and other amounts due to the Administrative Agent, the Collateral Agent and then to the Lenders (excluding principal and interest), then to accrued and unpaid interest, and the balance on account of outstanding principal, in each case with respect to the Revolving Credit Advances or the Term Loans, as the case may be; provided, however, that after an Event of Default, Default payments will be applied to the obligations of the Borrower Borrowers to the Administrative Agent, the Collateral Agent and the Lenders as provided in Section 11.5 or, except for the obligations due to the Agents, 7.3 or otherwise as the Majority Agent and the Lenders determine in their sole discretion.

Method, Timing and Application of Payments. (a) Each payment (including each prepayment) All payments required to be made pursuant to the provisions of this Agreement and any other Lender Agreement, and all prepayments pursuant to Section 4.1, may be charged by the Borrower on Agent for the benefit of the Lenders against any Loan Party's accounts with the Agent. Each Loan Party hereby authorizes the Agent and the Lenders, without notice to such Loan Party, to charge against any account of such Loan Party with the Agent or such Lender an amount equal to the accrued interest, principal of and interest and other amounts on the Term Loans shall be made pro rata according from time to time due and payable to the respective outstanding principal amounts of Agent and the Term Loans then held by the LendersLenders hereunder and under all other Lender Agreements. (b) All payments (including prepayments) The Borrowers shall make each payment to be made by them hereunder not later than 12:00 noon (Boston time) on the Borrower hereunderday when due in lawful currency of the United States to the Agent at its address set forth in Section 14.1 in immediately available funds, whether without counterclaim or setoff and free and clear of, and without deduction or withholding for, any taxes or other payments. The Agent will, on account the same date after its receipt thereof, distribute like funds relating to the payment of principal, interest, premiums interest or otherwise, any other amounts payable hereunder ratably to the Lenders in accordance with their respective Commitment Percentages. Any payment made by the Borrowers to the Agent under this Agreement or under the Notes in the manner provided in this Agreement shall be made without setoff or counterclaim and deemed to be a payment to each of the respective Lenders, unless the provisions of this Agreement expressly provide that any such payment shall be made prior to 1:00 p.m., New York City time, on the due date thereof to the Administrative Agent solely for the account of the Lenders at the Payment Office of the Administrative Agent in Dollars and in immediately available funds. The Administrative Agent shall distribute such payments to each relevant Lender promptly upon receipt in like funds as received unless funds are received after 1:00 p.m., New York City time, then the relevant payments or distributions shall be made on the subsequent Business Day. If any payment hereunder becomes due and payable on a day, other than a Business Day, such payment shall be extended to the next succeeding Business Day. In the case of any extension of any payment of principal pursuant to the preceding sentence, interest thereon shall be payable at the then applicable rate during such extensionspecific Lender. (c) All payments shall be applied first to the payment of all fees, expenses, premiums expenses and other amounts due to the Administrative Agent, the Collateral Agent and then to the Lenders (excluding principal and interest), then to accrued and unpaid interest, and the balance on account of outstanding principal; provided, however, that after an Event of Default, Default payments will be applied to the obligations of the Borrower Borrowers to the Administrative Agent, the Collateral Agent and the Lenders as provided in Section 11.5 or, except for the obligations due to the Agents, 10.3 or otherwise as the Majority Agent and the Lenders determine in their sole discretion.

Method, Timing and Application of Payments. (a) Each payment (including each prepayment) All payments required to be made pursuant to the provisions of this Agreement and any other Loan Document, and all prepayments pursuant to Section 4.1, may be charged by the Agent against the Borrowers’ accounts with the Agent. Each Borrower on hereby authorizes the Agent and the Lenders, without notice to such Borrower, to charge against any account of such Borrower with the Agent or such Lender an amount equal to the accrued interest, principal of and interest and other amounts on the Term Loans shall be made pro rata according from time to time due and payable to the respective outstanding principal amounts of Agent and the Term Loans then held by the LendersLenders hereunder and under all other Loan Documents. (b) All payments (including prepayments) to shall be made by the Borrower hereunderBorrowers to the Agent at the Agent’s address set forth in Section 15.1 hereof or such other place as the Agent may from time to time specify in writing not later than 12:00 noon (Boston time) in lawful currency of the United States of America (except in the case of an Alternative Currency Loan, whether on account in which case such payments shall be made in the Alternative Currency in which such Loan is denominated) in immediately available funds without counterclaim or setoff and free and clear of, and without any deduction or withholding for, any Taxes or other payments (as provided for in Section 4.7). The Agent will, after its receipt thereof, distribute like funds relating to the payment of principal, interest, premiums interest or otherwise, any other amounts payable hereunder ratably to the Lenders in accordance with their respective Commitment Percentages. Any payment made by the Borrowers to the Agent under this Agreement or under the Notes in the manner provided in this Agreement shall be made without setoff or counterclaim and deemed to be a payment to each of the respective Lenders, unless the provisions of this Agreement expressly provide that any such payment shall be made prior to 1:00 p.m., New York City time, on the due date thereof to the Administrative Agent solely for the account of the Lenders at the Payment Office of the Administrative Agent in Dollars and in immediately available funds. The Administrative Agent shall distribute such payments to each relevant Lender promptly upon receipt in like funds as received unless funds are received after 1:00 p.m., New York City time, then the relevant payments or distributions shall be made on the subsequent Business Day. If any payment hereunder becomes due and payable on a day, other than a Business Day, such payment shall be extended to the next succeeding Business Day. In the case of any extension of any payment of principal pursuant to the preceding sentence, interest thereon shall be payable at the then applicable rate during such extensionspecific Lender. (c) All payments shall be applied first to the payment of all fees, expenses, premiums expenses and other amounts due by the Borrowers to the Administrative Agent, the Collateral Agent and then to the Lenders (excluding principal and interest)) under the Loan Documents, then to accrued and unpaid interest, and the balance on account of outstanding principal; provided, however, that after an Event of Default, Default payments will be applied - - to the obligations of the Borrower Borrowers to the Administrative Agent, the Collateral Agent and the Lenders as provided in Section 11.5 or, except for the obligations due to the Agents, 10.3 or otherwise as the Majority Agent and the Lenders determine in their sole discretion.

Method, Timing and Application of Payments. (a) Each payment (including each prepayment) All payments required to be made pursuant to the provisions of this Agreement and any other Loan Document, and all prepayments pursuant to Section 4.1, may be charged by the Agent against the Borrowers' accounts with the Agent. Each Borrower on hereby authorizes the Agent and the Lenders, without notice to such Borrower, to charge against any account of such Borrower with the Agent or such Lender an amount equal to the accrued interest, principal of and interest and other amounts on the Term Loans shall be made pro rata according from time to time due and payable to the respective outstanding principal amounts of Agent and the Term Loans then held by the LendersLenders hereunder and under all other Loan Documents. (b) All payments (including prepayments) to shall be made by the Borrower hereunderBorrowers to the Agent at the Agent's address set forth in Section 15.1 hereof or such other place as the Agent may from time to time specify in writing not later than 12:00 noon (Boston time) in lawful currency of the United States of America (except in the case of an Alternative Currency Loan, whether on account in which case such payments shall be made in the Alternative Currency in which such Loan is denominated) in immediately available funds without counterclaim or setoff and free and clear of, and without any deduction or withholding for, any taxes or other payments (as provided for in Section 4.7). The Agent will, after its receipt thereof, distribute like funds relating to the payment of principal, interest, premiums interest or otherwise, any other amounts payable hereunder ratably to the Lenders in accordance with their respective Commitment Percentages. Any payment made by the Borrowers to the Agent under this Agreement or under the Notes in the manner provided in this Agreement shall be made without setoff or counterclaim and deemed to be a payment to each of the respective Lenders, unless the provisions of this Agreement expressly provide that any such payment shall be made prior to 1:00 p.m., New York City time, on the due date thereof to the Administrative Agent solely for the account of the Lenders at the Payment Office of the Administrative Agent in Dollars and in immediately available funds. The Administrative Agent shall distribute such payments to each relevant Lender promptly upon receipt in like funds as received unless funds are received after 1:00 p.m., New York City time, then the relevant payments or distributions shall be made on the subsequent Business Day. If any payment hereunder becomes due and payable on a day, other than a Business Day, such payment shall be extended to the next succeeding Business Day. In the case of any extension of any payment of principal pursuant to the preceding sentence, interest thereon shall be payable at the then applicable rate during such extensionspecific Lender. (c) All payments shall be applied first to the payment of all fees, expenses, premiums expenses and other amounts due by the Borrowers to the Administrative Agent, the Collateral Agent and then to the Lenders (excluding principal and interest)) under the Loan Documents, then to accrued and unpaid interest, and the balance on account of outstanding principal; provided, however, that after an Event of Default, Default payments will be applied to the obligations of the Borrower Borrowers to the Administrative Agent, the Collateral Agent and the Lenders as provided in Section 11.5 or, except for the obligations due to the Agents, 10.3 or otherwise as the Majority Agent and the Lenders determine in their sole discretion.