Common use of Nature and Place of Payments Clause in Contracts

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- payments made on account of the Obligations shall be made to the Lead Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, without set-off or counterclaim in lawful money of the United States of America in immediately available same day funds, and must be received by the Lead Administrative Agent accompanied by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 a.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 11:30 a.m. (Los Angeles time) by the Lead Administrative Agent or the Lead Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice therefor, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Administrative Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then applicable rate during such extension. If any payment required to be made by the Company hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then applicable rate during such extension. The Lead Administrative Agent is hereby authorized to debit accounts of the Company maintained with the Lead Administrative Agent for amounts payable by the Company under this Agreement through the Lead Administrative Agent and the Lead Administrative Agent will promptly notify the Company of any such debit.

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- All payments made on account of the Obligations shall be made to the Lead Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, Lender without set-off setoff or counterclaim in lawful money of the United States of America in immediately available same day fundsfunds (or, with respect to fees, costs, expenses by check or other payment medium acceptable to the Lender), free and clear of and without deduction for any taxes, fees or other charges of any nature whatsoever imposed by any taxing authority. Such payments must be received by the Lead Administrative Agent accompanied Lender by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 a.m. 2:00 p.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 11:30 a.m. 2:00 p.m. (Los Angeles time) by the Lead Administrative Agent or the Lead Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice thereforLender, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Administrative Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then then-applicable rate during such extension. All payments on account of the Obligations shall be made to the Lender at the Contact Office. If any payment required to be made by the Company hereunder Borrower becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then then-applicable rate during such extension. The Lead Administrative Agent Lender is hereby authorized by the Borrower, without prior notice to the Borrower, to debit accounts the general operating account of the Company Borrower maintained with the Lead Administrative Agent Lender for amounts payable the full amount of monthly principal and interest payments and the other Obligations hereunder; provided, however, that the failure of the Lender to so debit such account shall not in any manner or to any extent affect the obligation of the Borrower to pay such Obligations as provided herein and in the other Loan Documents. The Lender is further hereby authorized by the Company Borrower, without prior notice to the Borrower, to apply any amounts which may be payable from time to time by Lender to Borrower under this Agreement through any Rate Management Transaction Documents to the Lead Administrative Agent and payment of the Lead Administrative Agent will promptly notify the Company of any such debitObligations.

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- payments made on account of the Obligations shall be made to the Lead Administrative Credit Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, without set-off or counterclaim in lawful money of the United States of America in immediately available same day funds, and must be received by the Lead Administrative Credit Agent accompanied by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 a.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 11:30 a.m. (Los Angeles time) by the Lead Administrative Credit Agent or the Lead Administrative Credit Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice therefor, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Administrative Credit Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then applicable rate during such extension. If any payment required to be made by the Company hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then applicable rate during such extension. The Lead Administrative Credit Agent is hereby authorized to debit accounts of the Company maintained with the Lead Administrative Credit Agent for amounts payable by the Company under this Agreement through the Lead Administrative Credit Agent and the Lead Administrative Credit Agent will promptly notify the Company of any such debit.. 5

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- All payments made on account of the Obligations shall be made to the Lead Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, without set-off setoff or counterclaim in lawful money of the United States of America in immediately available same day funds, free and clear of and without deduction for any taxes, fees or other charges of any nature whatsoever imposed by any taxing authority and must be received by the Lead Administrative Agent accompanied (i) by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 10:00 a.m. (Los Angeles time) on the day of paymentpayment on account of Obligations other than Swing Line Loans and (ii) by 2:00 p.m. (Los Angeles time) in the case of payments on account of Swing Line Loans, it being expressly agreed and understood that if a payment is received after 11:30 10:00 a.m. or 2:00 p.m. (Los Angeles time) ), as applicable, by the Lead Administrative Agent or the Lead Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice thereforAgent, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Administrative Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then applicable rate during such extension. Except as otherwise provided in Paragraph 4(i) above, all payments on account of the Obligations shall be made to the Administrative Agent through its office located at the address listed on Schedule I hereof. If any payment required to be made by the Company hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then applicable rate during such extension. The Lead All amounts received by the Administrative Agent is hereby authorized to debit accounts on account of the Company maintained with Obligations shall be disbursed by the Lead Administrative Agent for amounts promptly to the Lenders by wire transfer on the date of receipt if received by the Administrative Agent before 10:00 a.m. or 2:00 p.m. (Los Angeles time), as applicable, or if received later, by 12:00 noon (Los Angeles time) on the next succeeding Business Day, without further interest payable by the Company under this Agreement through the Lead Administrative Agent and the Lead Administrative Agent will promptly notify the Company of any such debitAgent.

Nature and Place of Payments. Except as otherwise expressly provided in All payments made on account ---------------------------- of the Credit Documents, all ---------------------------- Obligations (other than amounts required to be paid to Tranche B Lenders pursuant to Paragraph 2(d) above and their respective Buy-Down Letters with the Company or amounts required to be paid to the Tranche C Lender pursuant to Paragraph 3(e) above and its Buy-Down Letter with the Company) shall be made to the Administrative Agent for prompt distribution to the Lenders. All payments made on account of the Obligations shall be made to the Lead Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, without set-off setoff or counterclaim in lawful money of the United States of America in immediately available same day funds, free and clear of and without deduction for any taxes, fees or other charges of any nature whatsoever imposed by any taxing authority and must be received by the Lead Administrative Agent accompanied by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 10:00 a.m. (Los Angeles time) on the day date of payment, it being expressly agreed and understood that if a payment is received after 11:30 10:00 a.m. (Los Angeles time) by the Lead Administrative Agent or the Lead Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice thereforAgent, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Administrative Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then applicable rate during such extension; provided, however, that upon the request of the Company, and with the consent of the Tranche C Lender, the Administrative Agent shall apply payments made after 10:00 a.m. (Los Angeles time) and before 1:30 p.m. (Los Angeles time) to the repayment of Tranche C Loans outstanding without such payment being considered to have been made on the next succeeding Business Day. All payments on account of the Obligations shall be made to the Administrative Agent through its office located at Xxx Xxxxx Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxx 00000. If any payment required to be made by the Company hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then applicable rate during such extension. The Lead Administrative Agent is hereby authorized to debit accounts of the Company maintained with the Lead Administrative Agent for amounts payable by the Company under this Agreement through the Lead Administrative Agent and the Lead Administrative Agent will promptly notify the Company of any such debit.

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- payments made on account of the Obligations shall be made to the Lead Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, without set-off or counterclaim in lawful money of the United States of America in immediately available same day funds, and must be received by the Lead Administrative Agent accompanied by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 a.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 11:30 a.m. (Los Angeles time) by the Lead Administrative Agent or the Lead Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice therefor, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Administrative Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then applicable rate during such extension. If any payment required to be made by the Company hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then applicable rate during such extension. The Lead Administrative Agent is hereby authorized to debit accounts of the Company maintained with the Lead Administrative Agent for amounts payable by the Company under this Agreement through the Lead Administrative Agent and the Lead Administrative Agent will promptly notify the Company of any such debit.

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- payments made on account of the Obligations shall be made to the Lead Managing Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, without set-off or counterclaim in lawful money of the United States of America in immediately available same day funds, and must be received by the Lead Managing Administrative Agent accompanied by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 a.m. 11:30 a.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 11:30 a.m. 11:30 a.m. (Los Angeles time) by the Lead Managing Administrative Agent or the Lead Managing Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice therefor, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Managing Administrative Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then applicable rate during such extension. If any payment required to be made by the Company hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then applicable rate during such extension. The Lead Managing Administrative Agent is hereby authorized to debit accounts of the Company maintained with the Lead Managing Administrative Agent for amounts payable by the Company under this Agreement through the Lead Managing Administrative Agent and the Lead Managing Administrative Agent will promptly notify the Company of any such debit.

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- payments made on account of the Obligations shall be made to the Lead Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(h) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Notice, without set-off or counterclaim in lawful money of the United States of America in immediately available same day funds, and must be received by the Lead Administrative Agent accompanied by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 a.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 11:30 a.m. (Los Angeles time) by the Lead Administrative Agent or the Lead Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice therefor, such payment will be considered to have been made on the next succeeding Business Day or such later date as the Lead Administrative Agent receives the Loan Request, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company at the then applicable rate during such extension. If any payment required to be made by the Company hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the then applicable rate during such extension. The Lead Administrative Agent is hereby authorized to debit accounts of the Company maintained with the Lead Administrative Agent for amounts payable by the Company under this Agreement through the Lead Administrative Agent and the Lead Administrative Agent will promptly notify the Company of any such debit.. 5

Nature and Place of Payments. Except as otherwise expressly provided in the Credit Documents, all ---------------------------- All payments made on account of the Obligations Loans shall be made to automatically debited from the Lead Administrative Agent at the Contact Office for distribution to the Lenders, as the Company shall, subject to Paragraph 5(hBorrower's designated bank account via Automated Clearing House (ACH) below, direct pursuant to a Loan Request, Interest Rate Election and Payoff Noticevalid authorization by the Borrower, without set-off setoff or counterclaim in lawful money of the United States in the form of America electronic deposits in immediately available same day fundsfunds into the Lender's designated Payment Account or as the Lender may otherwise direct, free and must be received clear of and without deduction for any taxes (except as required by law), fees, or other charges of any nature whatsoever imposed by any taxing authority. On the applicable Maturity Date, the Lender shall automatically debit all outstanding amounts via ACH pursuant to such valid authorization by the Lead Administrative Agent accompanied by a Loan Request, Interest Rate Election and Payoff Notice at the Contact Office by 11:30 a.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a Borrower. Any payment is received after 11:30 a.m. (Los Angeles time) 1pm Pacific Time on a Business Day by the Lead Administrative Agent or the Lead Administrative Agent does not receive a Loan Request, Interest Rate Election and Payoff Notice therefor, such payment Lender will be considered to have been made by the Borrower on the next succeeding Business Day or such later date as and, at the Lead Administrative Agent receives election of the Loan RequestLender, Interest Rate Election and Payoff Notice therefor and interest thereon shall be payable by the Company Borrower at the then applicable rate Interest Rate during such extension. If any payment required to be made by the Company hereunder Borrower under this Agreement becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and and, at the election of the Lender, interest thereon shall be payable at the then applicable rate during such extension. The Lead Administrative Agent is hereby authorized Borrower acknowledges and agrees that it shall not have access to debit accounts the Payment Account and that all proceeds made or transferred to the Payment Account shall be applied to the Obligations of the Company maintained with the Lead Administrative Agent for amounts payable by the Company under this Agreement through the Lead Administrative Agent and the Lead Administrative Agent will promptly notify the Company of any such debitBorrower.