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 by the Borrower, without setoff or counterclaim, in lawful money of the United States of America in immediately available 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 Bank by 1:00 p.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 1:00 p.m. (Los Angeles time) by the Bank, such payment will be considered to have been made by the Borrower on the next succeeding Business Day and interest thereon shall be payable by the Borrower at the Reference Rate during such extension. If any payment required to be made by the Borrower 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 (Bre Properties Inc /Md/), Credit Agreement (Bre Properties Inc /Md/)

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Nature and Place of Payments. All payments made on account of the ---------------------------- Obligations shall be made by the Borrower, without setoff or counterclaim, 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 Bank by 1:00 p.m. Lender at its office at 901 Xxxx Xxxxxx, Xxxxxx, Xxxxx 00000 xx 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 1:00 p.m. 11:30 a.m. (Los Angeles time) by the BankLender, such payment will be considered to have been made by the Borrower on the next succeeding Business Day and interest thereon shall be payable by the Borrower at the Reference Rate then applicable rate during such extension. If any payment required to be made by the Borrower 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.

Appears in 1 contract

Samples: Residuals Financing Agreement (Aames Financial Corp/De)

Nature and Place of Payments. All payments made on account of the ---------------------------- Obligations shall be made by the Borrower, without setoff or counterclaim, in lawful money of the United States of America in immediately available 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 Bank by 1:00 p.m. (Los Angeles time) on the day of payment, it being expressly agreed and understood that if a payment is received after 1:00 p.m. (Los Angeles time) by the Bank, such payment will be considered to have been made by the Borrower on the next succeeding Business Day and interest thereon shall be payable by the Borrower at the Reference Rate during such extension. If any payment required to be made by the Borrower 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 (Bre Properties Inc /Md/)

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Nature and Place of Payments. All payments made on account of the ---------------------------- Obligations shall be made by the Borrower, without setoff or counterclaim, counterclaim in lawful money of the United States of America in either immediately available or next day available funds, free and clear of and without deduction for any taxes, fees or other charges of any nature whatsoever imposed by any taxing authority (other than California and United States income tax payable by the Bank), and must be received by the Bank by 1:00 2:00 p.m. (Los Angeles California time) on the day of payment, it being expressly agreed and understood that if a payment is received by the Bank after 1:00 2:00 p.m. (Los Angeles California time) by the Bank), such payment will be considered to have been made by the Borrower been made on the next succeeding Business Day and interest thereon shall be payable by the Borrower at the Reference Rate then applicable rate during such extension. If any payment required to be made by the Borrower 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.. All payments required to be made hereunder shall be made to the office of the Bank designated for the receipt of notices in Section 9.7 or such other office as Bank shall from time to time designate. 9.6

Appears in 1 contract

Samples: Finance Credit Agreement

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