Common use of Nature and Place of Payments Clause in Contracts

Nature and Place of Payments. All payments made on account of ---------------------------- the Obligations shall be made to the Administrative Agent for distribution to the Lenders, and the Administrative Agent is hereby irrevocably authorized to debit the Settlement Account and distribute amounts held therein as provided in Paragraph 3(s) below on account thereof. All payments made on account of the Obligations shall be made without 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. If such payments (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union, i.e., the other Lenders have not purchased participations therein pursuant to Paragraph 3A(d)(2) above) are received by the Administrative Agent by 3:30 p.m. on any Business Day (Charlotte, North Carolina time) such payment will be credited on such Business Day. If a payment (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union) is received after 3:30 p.m. (Charlotte, North Carolina time) by the Administrative Agent, such payment will be credited on the next succeeding Business Day and interest thereon shall be payable at the then applicable rate until credited, provided, that the Administrative Agent shall use its best efforts to credit -------- such payment on the Business Day received. Principal payments via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union will be credited as of the Business Day on which First Union receives credit for such funds in its account with the Federal Reserve Bank. All amounts received by the Administrative Agent on account of the Obligations shall be disbursed by the Administrative Agent to the applicable Lenders by wire transfer on the date of receipt if received by the Administrative Agent by the applicable deadline for payment thereof as specified above, or if received later, on the next succeeding Business Day. If any payment required to be made by the Companies 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.

Appears in 2 contracts

Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)

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Nature and Place of Payments. All payments made on account of ---------------------------- the Obligations shall be made to the Administrative Agent for distribution to the LendersLenders and the L/C Bank, as applicable, and the Administrative Agent is hereby irrevocably authorized to debit the Settlement Account and distribute amounts held therein as provided in Paragraph 3(s7(s) below on account thereof. All payments made on account of the Obligations shall be made without 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. If such payments (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union, i.e., the other Lenders have not purchased participations therein pursuant to Paragraph 3A(d)(26A(d)(2) above) are received by the Administrative Agent by 3:30 p.m. on any Business Day (Charlotte, North Carolina time) such payment will be credited on such Business Day. If a payment (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union) is received after 3:30 p.m. (Charlotte, North Carolina time) by the Administrative Agent, such payment will be credited on the next succeeding Business Day and interest thereon shall be payable at the then applicable rate until credited, provided, that the Administrative Agent shall use its best efforts to credit -------- such payment on the Business Day received. Principal payments via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union will be credited as of the Business Day on which First Union receives credit for such funds in its account with the Federal Reserve Bank. All amounts received by the Administrative Agent on account of the Obligations shall be disbursed by the Administrative Agent to the applicable Lenders (or, in the case of amounts received on account of the L/C Obligations, to the L/C Bank) by wire transfer on the date of receipt if received by the Administrative Agent by the applicable deadline for payment thereof as specified above, or if received later, on the next succeeding Business Day. If any payment required to be made by the Companies 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.

Appears in 2 contracts

Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)

Nature and Place of Payments. All payments made on account of ---------------------------- the Obligations shall be made to the Administrative Agent for distribution to the Lenders, and the Administrative Agent is hereby irrevocably authorized to debit the Settlement Account and distribute amounts held therein as provided in Paragraph 3(s) below on account thereof. All payments made on account of the Obligations shall be made without 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. If such payments (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union, i.e., the other Lenders have not purchased participations therein pursuant to Paragraph 3A(d)(2) above) are received by the Administrative Agent by 3:30 p.m. on any Business Day (Charlotte, North Carolina time) such payment will be credited on such Business Day. If a payment (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union) is received after 3:30 p.m. (Charlotte, North Carolina time) by the Administrative Agent, such payment will be credited on the next succeeding Business Day and interest thereon shall be payable at the then applicable rate until credited, provided, that the Administrative Agent shall use its -------- best efforts to credit -------- such payment on the Business Day received. Principal payments via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union will be credited as of the Business Day on which First Union receives credit for such funds in its account with the Federal Reserve Bank. All amounts received by the Administrative Agent on account of the Obligations shall be disbursed by the Administrative Agent to the applicable Lenders by wire transfer on the date of receipt if received by the Administrative Agent by the applicable deadline for payment thereof as specified above, or if received later, on the next succeeding Business Day. If any payment required to be made by the Companies 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."

Appears in 1 contract

Samples: Credit Agreement (CWM Mortgage Holdings Inc)

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Nature and Place of Payments. All payments made on account of ---------------------------- the Obligations shall be made to the Administrative Agent for distribution to the Lenders, and the Administrative Agent is hereby irrevocably authorized to debit the Settlement Account and distribute amounts held therein as provided in Paragraph 3(s7(s) below on account thereof. All payments made on account of the Obligations shall be made without 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. If such payments (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union, i.e., the other Lenders have not purchased participations therein pursuant to Paragraph 3A(d)(26A(d)(2) above) are received by the Administrative Agent by 3:30 p.m. on any Business Day (Charlotte, North Carolina time) such payment will be credited on such Business Day. If a payment (other than principal payments made via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union) is received after 3:30 p.m. (Charlotte, North Carolina time) by the Administrative Agent, such payment will be credited on the next succeeding Business Day and interest thereon shall be payable at the then applicable rate until credited, provided, that the Administrative Agent shall use its -------- best efforts to credit -------- such payment on the Business Day received. Principal payments via wire transfers under the Federal Reserve System on Swing Line Loans held solely by First Union will be credited as of the Business Day on which First Union receives credit for such funds in its account with the Federal Reserve Bank. All amounts received by the Administrative Agent on account of the Obligations shall be disbursed by the Administrative Agent to the applicable Lenders by wire transfer on the date of receipt if received by the Administrative Agent by the applicable deadline for payment thereof as specified above, or if received later, on the next succeeding Business Day. If any payment required to be made by the Companies 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."

Appears in 1 contract

Samples: Credit Agreement (CWM Mortgage Holdings Inc)

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