Common use of Payments and Computations, Etc Clause in Contracts

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower shall, to the extent permitted by law, pay to the Affected Party interest on any amounts not paid by the Borrower when due hereunder at 2.00% per annum above the Prime Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees and Servicing Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 10 contracts

Samples: Receivables Loan Agreement, Sale and Contribution Agreement, Servicing Agreement, Custody Agreement (Hilton Grand Vacations Inc.), Receivables Loan Agreement, Sale and Contribution Agreement, Master Transfer Agreement, Custody Agreement (Hilton Grand Vacations Inc.), Receivables Loan Agreement (Hilton Grand Vacations Inc.)

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Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Alternative Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reasonreason (including pursuant to any settlement entered into by any Secured Party in its discretion), the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 6 contracts

Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, provided that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 6 contracts

Samples: Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Credit Company, LLC)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents Lender may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, provided that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC)

Payments and Computations, Etc. All amounts to be paid to or deposited by the Administrative Agent, the Managing Agents Transferor or the Lenders by the Borrower Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 12 p.m. (New York City time) on the day when due in lawful money immediately available funds; if such amounts are payable to the Agent or any Administrative Agent (whether on behalf of any of the United States of America Investors or otherwise) they shall be paid or deposited in immediately available funds to the Collection Account applicable account indicated in Section 10.3 hereof, until otherwise notified by the Agent or such account Administrative Agent, as the Administrative Agent or the relevant Managing Agents case may designate prior to such payment from time to time in writingbe. The Borrower Transferor shall, to the extent permitted by law, pay to each Administrative Agent, for the Affected Party benefit of itself and the Investors in its Related Group, upon demand, interest on any all amounts owing to such Administrative Agent or such Investors not paid by the Borrower or deposited when due hereunder at 2.00a rate equal to 2% per annum above plus the Prime Rate from time to time in effect, payable on demandBase Rate. All computations of InterestDiscount, Unused Fees interest and Servicing Fees all per annum fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that . Any computations by an Administrative Agent of amounts payable by the Transferor hereunder to such Administrative Agent or any Investor in its Related Group shall be binding upon all computations of Interest calculated at parties hereto absent manifest error. All payments to be made by the Prime Rate Transferor or the Collection Agent hereunder or under any other Transaction Document shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment without condition or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned deduction for any reasoncounterclaim, the amount of such payment shall be restored and such payment shall be considered not to have been madedefense, recoupment or setoff.

Appears in 3 contracts

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of interest and all computations of Interest, Unused Liquidity Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Tampa Electric Co), Loan and Servicing Agreement (Teco Energy Inc)

Payments and Computations, Etc. All amounts to be paid to or deposited by the Administrative Agent, the Managing Agents Seller or the Lenders by the Borrower Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower Seller and the Servicer shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of Interestinterest and all computations of Yield, Unused Liquidity Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for (or in the actual number case of days (including calculations using the first but excluding the last dayBase Rate 365/366 days) elapsed; provided, that all computations of Interest calculated at the Prime Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest Yield or interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest Capital, Yield or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (At&t Wireless Services Inc), Receivables Purchase Agreement (At&t Wireless Services Inc)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 1:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of interest (including, without limitation, interest on Cash Secured Advances during the Term Period) and all computations of Interest, Unused Liquidity Fees, Administrative Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Puget Sound Energy Inc), Loan and Servicing Agreement (Puget Energy Inc /Wa)

Payments and Computations, Etc. All amounts to be paid to or deposited by the Administrative Agent, the Managing Agents Transferor or the Lenders by the Borrower Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 12 p.m. (New York City time) on the day when due in lawful money immediately available funds; if such amounts are payable to the Agent or any Administrative Agent (whether on behalf of any of the United States of America Investors or otherwise) they shall be paid or deposited in immediately available funds to the Collection Account applicable account indicated in Section 10.3 hereof, until otherwise notified by the Agent or such account Administrative Agent, as the Administrative Agent or the relevant Managing Agents case may designate prior to such payment from time to time in writingbe. The Borrower Transferor shall, to the extent permitted by law, pay to each Administrative Agent, for the Affected Party benefit of itself and the Investors in its Related Group, upon demand, interest on any all amounts owing to such Administrative Agent or such Investors not paid by the Borrower or deposited when due hereunder at 2.00a rate equal to 2% per annum above plus the Prime Rate from time to time in effect, payable on demandBase Rate. All computations of InterestDiscount, Unused Fees interest and Servicing Fees all per annum fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that . Any computations by an Administrative Agent of amounts payable by the Transferor hereunder to such Administrative Agent or any Investor in its Related Group shall be binding upon all computations of Interest calculated at parties hereto absent manifest error. All payments to be made by the Prime Rate Transferor or the Collection Agent hereunder or under any other Transaction Document shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment without condition or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned deduction for any reasoncounterclaim, the amount of such payment shall be restored and such payment shall be considered not to have been made.defense, recoupment or setoff. ​

Appears in 2 contracts

Samples: Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA), Transfer and Administration Agreement (Fresenius Medical Care AG & Co. KGaA)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party applicable Lender interest on any all amounts not paid or deposited or debited by the Borrower Borrowers when due hereunder (subject to any applicable notice and cure periods) at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at based on the Prime Index Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 2 contracts

Samples: Loan Agreement (Bluerock Homes Trust, Inc.), Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made. ACTIVE 200146376v.2 SECTION 2.10. [Reserved].

Appears in 1 contract

Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc)

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Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 1:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.00% per annum above the Prime Rate from time to time in effectDefault Rate, payable on demand. All computations of Interest, Unused Fees, Used Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Newell Rubbermaid Inc)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of Interest, Unused Liquidity Fees, Servicer Fees and Servicing Fees interest hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 1 contract

Samples: Loan and Servicing Agreement (DriveTime Automotive, Inc.)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Agent or the relevant Managing Agents Lender may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Base Rate from time to time in effect, payable on demand. All computations of Interest, Unused Servicer Fees and Servicing Fees interest hereunder shall - 40 - be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, provided that all computations of Interest calculated at the Prime Base Rate shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Account or such account as the Administrative Program Agent or the relevant Managing Agents may designate prior to such payment from time to time in writing. The Borrower and the Servicer (only with respect to amounts payable pursuant to Section 8.02) shall, to the extent permitted by law, pay to the Affected Party interest on any all amounts not paid or deposited or debited by the Borrower such Person when due hereunder at 2.002% per annum above the Prime Rate from time to time in effectBase Rate, payable on demand. All computations of interest (including, without limitation, interest on Cash Secured Advances during the Term Period) and all computations of Interest, Unused Liquidity Fees, Program Fees and Servicing Servicer Fees hereunder shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime on Base Rate Tranches shall be made on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Sherwin Williams Co)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party applicable Lender interest on any all amounts not paid or deposited or debited by the Borrower Borrowers when due hereunder (subject to any applicable notice and cure periods) at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at based on the Prime Index Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.. ​

Appears in 1 contract

Samples: Loan Agreement (Bluerock Homes Trust, Inc.)

Payments and Computations, Etc. (a) All amounts to be paid to or deposited by the Administrative Agent, the Managing Agents Company or the Lenders by the Borrower Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. 1:00 P.M. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to an account designated by the Collection Account or such account as the Administrative Agent or the relevant Managing Agents may designate prior to such payment from time to time in writingAgent. The Borrower Company shall, to the extent permitted by law, pay to the Affected Party Agent interest on any all amounts not paid by the Borrower or deposited when due hereunder (whether owing by the Company or the Servicer) at 2.00% per annum above the Prime Contract Rate from time to time then in effect, payable on demand; provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of, and distributed by the Agent to, the Lenders. Any Obligation hereunder shall not be reduced by any distribution of any portion of Collections if at any time such distribution is rescinded or returned by the Lenders to the Company or any other Person for any reason. All computations of Interestinterest and other fees hereunder (including the Fees, Unused Fees the Servicing Fee and Servicing Fees hereunder the Management Fee) shall be made on the basis of a year of 360 three hundred sixty (360) days for the actual number of days (including the first but excluding the last day) elapsed; provided. (b) Whenever any payment hereunder shall be stated to be due on a day other than a Business Day, that all computations of Interest calculated at the Prime Rate such payment shall be made on the basis next succeeding Business Day, and such extension of a year time shall in such case be included in the computation of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest interest or any other amount) is rescinded or must otherwise be returned for any reasonfee payable hereunder, as the amount of such payment shall be restored and such payment shall be considered not to have been madecase may be.

Appears in 1 contract

Samples: Loan and Security Agreement (Iconix Brand Group, Inc.)

Payments and Computations, Etc. All amounts to be paid to the Administrative Agent, the Managing Agents or the Lenders deposited by the Borrower Borrowers hereunder shall be paid or deposited in accordance with the terms hereof no later than 2:00 p.m. (New York City time) on the day when due in lawful money of the United States of America in immediately available funds to the Collection Debt Service Account or such account as the Administrative Agent or the relevant Managing Agents Lenders may designate prior to such payment from time to time in writing. The Borrower Borrowers shall, to the extent permitted by law, pay to the Affected Party applicable Lender interest on any all amounts not paid or deposited or debited by the Borrower Borrowers when due hereunder (subject to any applicable notice and cure periods) at 2.00% per annum above the Prime Default Rate from time to time in effect, payable on demand. All computations of Interest, Unused Fees Interest and Servicing Fees hereunder shall be made by the Calculation Agent on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed; provided, that all computations of Interest calculated at the Prime Alternative Rate shall be made by the Calculation Agent on the basis of a year of 365 days for the actual number of days (including the first but excluding the last day) elapsed. In no event shall any provision of this Agreement require the payment or permit the collection of Interest in excess of the maximum permitted by applicable lawMaximum Legal Rate. In the event that any payment hereunder (whether constituting a repayment of Loans or a payment of Interest or any other amount) is rescinded or must otherwise be returned for any reason, the amount of such payment shall be restored and such payment shall be considered not to have been made.

Appears in 1 contract

Samples: Loan Agreement (Starwood Waypoint Homes)

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