Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) on the day when due in immediately available funds to the account of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. The Seller shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsed. (b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week: (x) first, to pay any amounts payable pursuant to 2.02(c)(ii); (y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and (z) third, in such manner as the Buyer may specify.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Nalco Holding CO), Receivables Purchase Agreement (Nalco Holding CO), Receivables Purchase Agreement (Nalco Finance Holdings LLC)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) on the day when due in immediately available funds to the account of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller Transferee hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Buyer Transferor designated from time to time by the Buyer Transferor or as otherwise directed by the BuyerTransferor. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. All amounts to be paid or deposited by the Transferor hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Transferee designated from time to time by the Transferee or as otherwise directed by the Transferee. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. The Seller Transferor shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Seller Transferor when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer Transferee shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer Transferee when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer Transferee in respect of the foregoing shall be made solely from funds available to the Buyer Transferee which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under Borrower Obligations pursuant to the Receivables Transfer Loan Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer Transferee to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 3 contracts
Samples: Transfer Agreement (TRW Automotive Inc), Transfer Agreement (TRW Automotive Inc), Transfer Agreement (TRW Automotive Holdings Corp)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) 5:00 p.m. on the day when due in immediately available funds to the account lawful money of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due United States in immediately available funds to the Collection Account or such other account of the Buyer as is designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentAdministrative Agent. The Seller Borrower or the Servicer, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on any amount all amounts not paid or deposited by when due (taking into account any grace period provided for herein) to any of the Seller when due, Secured Parties hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse Rate (other than with respect to any Advances outstanding, which shall accrue at the Yield Rate), payable on demand, from the date of such funds and nonpayment until such amount is paid in full (as well after as before judgment); provided that such interest rate shall not constitute a claim against at any time exceed the Buyer maximum rate permitted by Applicable Law. Any Obligation hereunder shall not be reduced by any distribution of any portion of Available Collections if at any time such distribution is rescinded or required to be returned by any Lender to the extent that insufficient funds exist to make such paymentBorrower or any other Person for any reason. All computations of interest payable and all computations of Yield and other fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed, other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable.
(b) All amounts received Whenever any payment hereunder shall be stated to be due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day, and such extension of time shall in such case be included in the computation of payment of Yield or any fee payable hereunder, as the case may be.
(c) If any Advance requested by the Seller from Borrower and approved by the Buyer Lender Agents and the Administrative Agent pursuant to Section 2.02 is not for any reason whatsoever, except as a result of the gross negligence or willful misconduct of, or failure to fund such Advance on the part of, the Lenders, the Administrative Agent or an Affiliate thereof, made or effectuated, as the case may be, on the date specified therefor, the Borrower shall be applied indemnify such Lender against any loss, cost or expense incurred by such Lender related thereto (other than any such loss, cost or expense solely due to the gross negligence or willful misconduct or failure to fund such Advance on the part of the Lenders, the Administrative Agent or an Affiliate thereof), including, without limitation, any loss (including cost of funds and reasonable out-of-pocket expenses but excluding lost profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund Advances or maintain the Advances. Any such Lender shall provide to the Borrower documentation setting forth the amounts of any loss, cost or expense referred to in the following order of payment during each calendar week and prior previous sentence, such documentation to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifybe conclusive absent manifest error.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Consent and Omnibus Amendment (Solar Senior Capital Ltd.), Consent and Omnibus Amendment (Solar Capital Ltd.)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Seller or the Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 11:00 A.M. (New York City time) on the day when due in immediately available funds to the account lawful money of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due United States of America in immediately available funds to at the account office of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise Citibank specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. signature page hereto.
(b) The Seller shall, to the extent permitted by applicable law, pay interest to the Agent on any amount not paid or deposited by the Seller when duerequired to be paid by it hereunder, at an interest rate per annum equal to 2.0% per annum above the Alternate Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand ; provided, however, that such interest rate shall not at any payments to time exceed the maximum rate permitted by applicable law. Such interest shall be made for the account of, and shall be distributed to, the Purchasers or the Banks, as the case may be, ratably in accordance with their respective interests in such overdue amount and shall be paid by the Buyer in respect Seller free and clear of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside and without deduction for the payment any taxes of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. kind whatsoever.
(c) All computations of interest payable under subsection (b) above and all computations of fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts received by the Seller from the Buyer . Whenever any payment or deposit to be made hereunder shall be applied stated to be due on a day other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall in such case be included in the following order computation of such payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyor deposit.
Appears in 2 contracts
Samples: Receivables Purchase and Sale Agreement (Northeast Utilities System), Receivables Purchase and Sale Agreement (North Atlantic Energy Corp /Nh)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Borrower hereunder shall be paid or deposited in accordance with the terms hereof so that funds are received by the Lenders no later than 12:00 noon (New York time) 3:30 p.m. on the day when due in lawful money of the United States in immediately available funds to the account of the Seller as is designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentAdministrative Agent. The Seller Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on any amount all amounts not paid or deposited by when due to any of the Seller when due, Secured Parties hereunder at an interest rate equal to 2.02% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse Prime Rate (other than with respect to any Advances Outstanding, which shall accrue at the Interest Rate), payable on demand, from the date of such funds and nonpayment until such amount is paid in full (as well after as before judgment); provided that such interest rate shall not constitute a claim against at any time exceed the Buyer maximum rate permitted by Applicable Law. Any Obligation hereunder shall not be reduced by any distribution of any portion of Available Collections if at any time such distribution is rescinded or required to be returned by any Lender to the extent that insufficient funds exist to make such paymentBorrower or any other Person for any reason. All computations of interest payable and all computations of interest and other fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed, other than calculations with respect to the Prime Rate, which shall be based on a year consisting of 365 or 366 days, as applicable.
(b) All amounts received by the Seller from the Buyer Whenever any payment hereunder shall be applied stated to be due on a day other than a Business Day, such payment shall be deemed due and made on the next succeeding Business Day, and such extension of time shall in such case be included in the following order computation of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest onor any fee payable hereunder, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer case may specifybe.
Appears in 2 contracts
Samples: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Seller to Buyer hereunder shall be paid or deposited received in accordance with the terms hereof by no later than 12:00 noon (1:00 p.m., New York City time) , on the day when due in Dollars in immediately available funds to the in an account of the Seller designated that Buyer shall from time to time specify in writing. Payments received by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder Buyer after such time shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) deemed to have been received on the day when due in immediately available funds to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified hereinnext Business Day. In the event that any payment owed by any Person hereunder becomes otherwise is scheduled to become due on a day which that is not a Business Day, such then payment shall be made become due on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentDay. The Seller shall, to the extent permitted by lawLaw, pay to Buyer, on demand, interest on any amount all amounts not paid or deposited by the Seller when due, due hereunder at an interest rate equal to 2.02% per annum above the Base Rate, payable interest rate on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above Note in effect on the Base Rate, payable on demand date the payment was due; provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and interest rate shall not constitute a claim against at any time exceed the Buyer to the extent that insufficient funds exist to make such paymentmaximum rate permitted by applicable Law. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts to be paid by Buyer to Seller hereunder shall be paid to Seller no later than 2:00 p.m., New York City time, on the day when due in Dollars in immediately available funds to an account that Seller shall from time to time specify in writing. Payments received by the Seller from the Buyer after such time shall be applied in deemed to have been received on the following order of next Business Day. In the event that any payment during each calendar week and prior otherwise is scheduled to become due on a day that is not a Business Day, then such payment shall become due on the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifynext Business Day.
Appears in 2 contracts
Samples: Sale Agreement (Exide Corp), Sale Agreement (Exide Corp)
Payments and Computations, Etc. (a) All Unless otherwise ------------------------------ specified herein, all amounts to be paid or deposited by the Buyer Transferor or the Collection Agent hereunder to or for the account of the Administrative Agent, PARCO or any other Transferee shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 11:00 a.m. (New York City time) on the day when due in immediately available same day funds to the account Administrative Agent's Account. Upon receipt of funds deposited into the Seller designated from time Administrative Agent's Account, the Administrative Agent shall distribute such funds to time the Persons entitled thereto in accordance with the provisions of this Agreement or retain such funds for its own account, as appropriate.
(b) The Transferor shall, to the extent permitted by the Seller or as otherwise directed by the Seller. All amounts to be law, pay interest on any amount not paid or deposited by the Seller hereunder shall be paid Transferor (whether as Collection Agent or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York timeotherwise) on the day when due in immediately available funds hereunder, at an interest rate per annum equal to 2% per annum above the account Base Rate, payable on demand.
(c) Unless otherwise specified herein, all computations of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments interest under subsection (b) above and all computations of Yield, fees, and other amounts hereunder shall be made solely in Dollars unless otherwise specified hereinon the basis of a year of 360 days for the actual number of days elapsed. In the event that Whenever any payment owed by any Person or deposit to be made hereunder becomes shall be due on a day which is not other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. The Seller shall, to the extent permitted by law, pay interest on any amount not paid payment or deposited by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapseddeposit.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 2 contracts
Samples: Receivables Transfer Agreement (Ikon Office Solutions Inc), Receivables Transfer Agreement (Ios Capital Inc)
Payments and Computations, Etc. (a) All amounts required to be paid or deposited by the Buyer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) on the day when due in immediately available funds to the account of the Seller applicable Originator designated from time to time by the Seller such Originator or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified hereinsuch Originator. In the event that any payment owed by any Person hereunder becomes due on a day which that is not a Business Day, then such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentDay. The Seller shall, If any Person fails to the extent permitted by law, pay interest on any amount not paid or deposited due and payable by the Seller it hereunder when due, such Person agrees to pay, on demand, interest on such amount calculated at an a rate of interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to Default Rate from the extent permitted by law, pay interest on any amount not date such payment was due until paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such paymentfull. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsed.
elapsed and a year of 360 days. For the purpose of disclosure pursuant to the Interest Act (bCanada) All amounts received to the extent relevant hereunder, the yearly rate of interest to which any rate of interest payable that is calculated on any basis other than a full calendar year is equivalent may be determined by multiplying such rate by a fraction the Seller from numerator of which is the Buyer shall be applied actual number of days in the following order of payment during each calendar week and prior to the first Settlement Date to occur after year in which such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments yearly rate of interest onis to be ascertained and the denominator of which is the number of days comprising such other basis. The parties further agree that for the purposes of the Interest Act (Canada), (i) the principle of deemed reinvestment of interest shall not apply to any interest calculation under this Agreement, and then principal (ii) the rates of the Intercompany Note interest stipulated in accordance with Section 2.07 this Agreement are intended to be nominal rates and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifynot effective rates or yields.
Appears in 2 contracts
Samples: Receivables Sale Agreement (Smithfield Foods Inc), Receivables Sale Agreement (Smithfield Foods Inc)
Payments and Computations, Etc. (a) All Other than with respect to sweeps or wires from the Custody Account and Master Lockbox Account, all amounts to be paid or deposited by the Buyer Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 1:00 p.m. (New York Chicago time) on the day when due in immediately available same day funds to the account of the Seller designated from time to time by the Seller or as otherwise directed by the SellerCollection Account. All amounts paid or deposited (as contemplated by the immediately preceding sentence), on any day after 1:00 p.m. (Chicago time) will be deemed to have been paid or deposited on the immediately succeeding Business Day. Any amounts swept from the Custody Account or Master Lockbox Account (or wired from such accounts before the Federal Reserve cutoff) shall be deemed to have been paid or deposited on the day that such amounts are actually received in the Collection Account.
(b) The Borrower shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Seller hereunder shall be paid Borrower or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day initial Servicer when due in immediately available funds hereunder, at an interest rate equal to 2.0% per annum above the account Base Rate, payable on demand.
(c) All computations of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments interest under subsection (b) above and all computations of Interest, Non-Usage Fee, other fees, and other amounts hereunder shall be made solely in Dollars unless otherwise specified hereinon the basis of a year of 360 days for the actual number of days elapsed (other than Interest that is calculated on the basis of the Base Rate, which shall be computed on that basis of a year of 365 or 366 days, as the case may be). In the event that Whenever any payment owed by any Person or deposit to be made hereunder becomes shall be due on a day which is not other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. The Seller shall, to the extent permitted by law, pay interest on any amount not paid such payment or deposited by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapseddeposit.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Samples: Loan, Security and Servicing Agreement (Ministry Partners Investment Corp)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Transferor or the Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon p.m. (New York time) on the day when due in immediately available funds funds; if such amounts are payable to the account of the Seller designated from time to time by the Seller any CP Conduit Purchaser (or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder any Committed Purchaser), they shall be paid or deposited to the Collection Account (or, in accordance with the terms hereof case of payments in respect of Net Investment, directly to an account specified by no the relevant Funding Agent), until otherwise notified by the Administrative Agent. No later than 11:00 A.M. 3:00 p.m. (New York time) on the day when due date of any Incremental Transfer hereunder, the CP Conduit Purchasers or the Committed Purchasers, as applicable, will make available to the Transferor, in immediately available funds funds, the Transfer Price for such Incremental Transfer on such day by remitting such amount to the an account of the Buyer designated from time to time Transferor specified in the related Transfer/Tranche Period Request (or otherwise specified by the Buyer Transferor by written notice to the Administrative Agent). The Transferor shall, to the extent permitted by law, pay to the Administrative Agent, for the benefit of the CP Conduit Purchasers and/or the Committed Purchasers upon demand, interest on all amounts not paid or as otherwise directed deposited by it when due under this Section 2.11 at a rate equal to 2.00% per annum plus the BuyerBase Rate. All payments computations of interest hereunder shall be made solely in Dollars unless otherwise specified hereinon the basis of a year of 365 or 366 days, as applicable for the actual number of days (including the first but excluding the last day) elapsed. In the event that Whenever any payment owed by any Person or deposit to be made hereunder becomes shall be due on a day which is not other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentpayment or deposit. The Seller shall, to the extent permitted by law, pay interest on any amount not paid or deposited Any computations by the Seller when due, at an interest rate equal to 2.0% per annum above Administrative Agent or the Base Rate, applicable Funding Agent of amounts payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable Transferor hereunder shall be made on binding upon the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsedTransferor absent manifest error.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Payments and Computations, Etc. (a) All amounts to be paid or deposited to the Funding Agent for the benefit of the Owners by the Buyer Transferor or the Servicer hereunder shall be paid or deposited in immediately available funds in Account Number 507-83-9463 entitled "The Chase Manhattan Bank, as Funding Agent f/b/o PARCO & the APA Banks, NFRRC Funding Account", and mainxxxxxx xx xhe offices of The Chase Manhattan Bank, New York, New York, until otherwise notified by the Funding Agent in accordance with the terms hereof by hereof, no later than 12:00 noon 2:00 p.m. (New York time) on the day when due in immediately available funds (or with respect to an intra-bank transfer to such account, the account of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder Funding Agent shall be paid or deposited in accordance with the terms hereof by have received notice, no later than 11:00 A.M. 1:30 p.m. (New York time) on the day when due in immediately available funds due, to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, make such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymenttransfer). The Seller Transferor shall, to the extent permitted by law, pay to the Funding Agent, for the benefit of the applicable Owner, upon demand, interest on any amount all amounts not paid or deposited by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest a rate equal to 2.01% per annum above plus the applicable Corporate Base Rate, payable on demand provided, however, ; provided that any payments the obligation of the Transferor to pay such amounts shall be made limited to amounts available therefor pursuant to Section 2.6(c). Such interest shall be distributed by the Buyer in respect of the foregoing shall be made solely from funds available Funding Agent to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such paymentapplicable Owner. All computations of interest payable hereunder shall be made on the basis of a year of 360 days (365 (or 366366 days, as applicable, for a CBR Tranche Period) days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts received by . Any payment to be made to the Seller from the Buyer Owner hereunder shall be applied in the following order of payment during each calendar week and prior made to the first Settlement Date to occur after Funding Agent on behalf of such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest onOwner as described above, and then principal of such payment shall conclusively satisfy the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyTransferor's or Servicer's payment duties hereunder.
Appears in 1 contract
Samples: Transfer and Administration Agreement (Navistar Financial Retail Receivables Corporation)
Payments and Computations, Etc. Allocation of Collections ------------------------------------------------------------
(a) All per annum fees payable under this Agreement shall be calculated for the actual days elapsed on the basis of a 360-day year. All amounts to be paid or deposited by the Buyer Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 11:00 a.m. (New York City time) on the day when due in immediately available funds funds; if such amounts are payable to the account of the Seller designated from time to time by the Seller an Owner or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder Owners they shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) Administrative Agent's account indicated on the day when due in immediately available funds to the account of the Buyer designated from time to time signature page hereof, until otherwise notified by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentOwner. The Seller shall, to the extent permitted by lawLaw, pay to the Administrative Agent for the account of each Owner upon demand, interest on any amount all amounts not paid or deposited by when due to the Seller when due, Administrative Agent for the account of each Owner hereunder at an interest a rate equal to 2.02% per annum above plus the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed. Any computations of amounts payable by the Seller hereunder made by the Buyer, the Administrative Agent or the Program LOC Bank shall be binding absent manifest error.
(b) All amounts received Any payment by an Obligor in respect of any indebtedness owed by it to the Seller shall, except as otherwise specified by such Obligor or otherwise required by Contract or Law and unless otherwise instructed by the Seller from Administrative Agent, be applied as a Collection of any Receivable of such Obligor included in the Buyer Purchased Interest (starting with the oldest such Receivable) to the extent of any amounts then due and payable thereunder before being applied to any other receivable or other indebtedness of such Obligor; provided, however, that in regard to any payments made by IBM or any Subsidiary or Affiliate of IBM, only payments made in respect of Receivables shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyso applied.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Lexmark International Group Inc)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) on the day when due in immediately available funds to the account of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York City time) on the day when due in immediately available lawful money of the United States of America in same day funds to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentAgent's Account. The Seller shall, to the extent permitted by law, pay to the Agent interest on any amount all amounts not paid or deposited by the Seller when due, due hereunder at an interest rate equal to 2.02% per annum above the Alternate Base RateRate in effect from time to time, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that such interest rate shall not at any payments to time exceed the maximum rate permitted by applicable law. Such interest shall be made retained by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer Agent except to the extent that insufficient funds exist such failure to make a timely payment or deposit has continued beyond the date for distribution by the Agent of such paymentoverdue amount to an Owner of an Eligible Asset, in which case such interest accruing after such date shall be for the account of, and distributed by the Agent to, the Owners ratably in accordance with their respective interests in such overdue amount. All computations of interest payable and all computations of Yield, Liquidation Yield and fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed.
elapsed except that (bi) All amounts received computations of the MTN Fixed Rate and Yield computed by reference to the Seller from the Buyer MTN Fixed Rate shall be applied in made on the following order basis of payment during each calendar week a 360-day year consisting of twelve 30-day months and prior (ii) computations of any MTN Floating Rate and Yield computed by reference to any MTN Floating Rate shall be made on the basis for the computation of interest applicable to the first Settlement Date Medium Term Notes with reference to occur after which such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyMTN Floating Rate is determined hereunder.
Appears in 1 contract
Samples: Trade Receivables Purchase and Sale Agreement (Dial Corp /New/)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Transferee hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) on the end of the day when due in immediately available same day funds to the account of the Seller designated from time to time by the Seller Transferor or as otherwise directed by the SellerTransferor Agent. All amounts to be paid or deposited by the Seller Transferor hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the end of the day when due in immediately available same day funds to the account of the Buyer designated from time to time by the Buyer Transferee or as otherwise directed by the BuyerTransferee. All payments hereunder shall be made solely in U.S. Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. The Seller Transferor shall, to the extent permitted by lawLaw, pay interest on any amount not paid or deposited by the Seller Transferor when duedue hereunder (after, as well as before, judgment), at an interest rate equal to 2.0% per annum above the Base Default Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for and the actual number of days (including the first but excluding the last day) elapsedelapsed and interest shall accrue from day to day and shall not be compounded. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day or Local Business Day, as applicable, such payment shall be made on the next succeeding Business Day or Local Business Day, as applicable, and such extension of time shall be included in the computation of such payment.
(b) All amounts received Notwithstanding anything herein to the contrary, any payments or deposits to be made by the Seller from the Buyer Transferee under this Agreement shall be applied in the following order of payment during each calendar week and prior made solely from funds available to the first Settlement Date Transferee that are not otherwise required to occur after be applied or set aside for the payment of any obligations of the Transferee under any Transaction Document and shall be non-recourse other than with respect to such week:
available funds and, without limiting Section 9.6 (x) firstNo Proceedings), to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, if ever and until such time as the Transferee has sufficient funds to make payments of interest on, and then principal of such payment shall not constitute a claim against the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyTransferee.
Appears in 1 contract
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) on the day when due in immediately available funds to the account of the Seller Agent designated from time to time by the Seller Agent or as otherwise directed by the SellerSeller Agent. All amounts to be paid or deposited by the any Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. The Each Seller shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the such Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts received by Each Seller hereby agrees that the Seller Agent, shall be authorized to receive amounts from the Buyer on behalf of the Sellers hereunder. All amounts so received shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Nalco Global Holdings LLC)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer hereunder Borrower or the Servicer to the Administrative Agent, any Funding Agent, any Lender or any other Secured Party shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon p.m. (New York time) on the day when due in immediately available funds (without counterclaim, setoff, deduction, defense, abatement, suspension or deferment) to the account of the Seller designated from time to time by the Seller or as otherwise directed by the Sellerapplicable Funding Agent’s Account. All amounts to be paid or deposited by the Seller hereunder Borrower or the Servicer into any Facility Account, any Funding Agent’s Account or any other account shall be paid or deposited in accordance with the terms hereof by immediately available funds no later than 11:00 A.M. 12:00 p.m. (New York time) on the day date when due.
(b) The Borrower shall (and shall cause the Servicer to), to the extent permitted by Law, pay interest on any amount not paid or deposited by it when due in immediately available funds hereunder (after as well as before judgment), at an interest rate per annum equal to the account Default Rate, payable on demand.
(c) All computations of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments Interest, Fees, and other amounts hereunder shall be made solely on the basis of a year of 360 days for the actual number of days (including the first but excluding the date of payment) elapsed, except that (a) computations of interest and Interest for which the applicable interest rate is based upon the Base Rate shall be made on the basis of a year of 365 days (or 366, as applicable); and (b) in Dollars unless otherwise specified hereinany case where the practice of the relevant interbank market differs, computations of interest and Interest shall be made in accordance with that market practice. In the event that Whenever any payment owed by any Person or deposit to be made hereunder becomes shall be due on a day which is not other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentpayment or deposit. The Seller shallAny computations by the Administrative Agent or the applicable Funding Agent of amounts payable by the Borrower hereunder shall be binding upon the Borrower absent manifest error.
(d) All payments required to be made hereunder to any Lender, any Funding Agent, any Indemnified Party or any other Secured Party shall be made by paying such amount to the extent permitted by lawapplicable Funding Agent’s Account in accordance with this Clause 2.9. Upon receipt of funds, such Funding Agent shall pay interest on any amount not paid or deposited by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, such funds to the extent permitted related Person owed such funds in accordance with the records maintained by lawsuch Funding Agent. If a Funding Agent shall have paid to any Lender, pay interest on any Funding Agent, any Indemnified Party or any other Secured Party any funds that (i) must be returned for any reason (including any Event of Bankruptcy) or (ii) exceeds that which such Person was entitled to receive, such amount not paid or deposited shall be promptly repaid to such Funding Agent by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any such Person.
(e) All payments to be made by the Buyer in respect of Servicer or the foregoing Borrower hereunder shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsedin U.S. Dollars.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 3:00 p.m. (New York City time) on the day when due in immediately available funds to the account lawful money of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due United States of America in immediately available funds to such account as the account of Agent or the Buyer designated relevant Managing Agents may designate from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentwriting. The Seller and the Servicer shall, to the extent permitted by law, pay to the Agent interest on any amount all amounts not paid or deposited or debited by the Seller such Person when due, due hereunder at an interest rate equal to 2.02% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay Such interest on any amount not paid or deposited shall be retained by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer Agent except to the extent that insufficient funds exist such failure to make a timely payment or deposit has continued beyond the date for distribution by the Agent of such paymentoverdue amount to the applicable Purchaser or the applicable Liquidity Provider, in which case such interest accruing after such date shall be for the account of, and distributed by the Agent to, such Purchaser or such Liquidity Provider. All computations of interest payable and all computations of Yield, Facility Fees, Program Fees, Servicer Fees and Other Fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 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 Yield or interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (bwhether constituting a payment of Capital, Yield or any other amount) All amounts received by is rescinded or must otherwise be returned for any reason, the Seller from the Buyer amount of such payment shall be applied in the following order of restored and such payment during each calendar week and prior shall be considered not to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyhave been made.
Appears in 1 contract
Payments and Computations, Etc. (a) All Subject to Section 1.02(d), all amounts to be paid or deposited by the Buyer a Transferee hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York time) on the day when due in immediately available funds to the account of the Seller applicable Originator designated from time to time by the Seller such Originator or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified hereinsuch Originator. In the event that any payment owed by any Person hereunder becomes due on a day which that is not a Business Day, then such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentDay. The Seller shall, If any Person fails to the extent permitted by law, pay interest on any amount not paid or deposited by the Seller hereunder when due, such Person agrees to pay, on demand, interest (calculated at an interest a rate per annum equal to 2.0% per annum above the Base Default Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not ) in respect thereof until paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand in full; provided, however, that such interest shall not at any time exceed the maximum rate permitted by applicable law. All computations of interest payable 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 and interest shall accrue from day to day.
(b) Notwithstanding anything herein to the contrary, any payments or deposits to be made by the Buyer in respect of the foregoing under this Agreement shall be made solely from funds available to the Buyer which that are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, Loan Agreement or any other Transaction Document and shall be non-recourse other than with respect to such available funds and, without limiting Section 8.05 (No proceedings), if ever and until such time as the Buyer has sufficient funds to make such payment shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsedBuyer.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Transferor or the Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 11:00 a.m. (New York City time) on the day when due in immediately available funds funds; if such amounts are payable to the account of the Seller designated from time to time by the Seller Company or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder any Bank Investor they shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due in immediately available funds to the account of the Buyer designated from time to time indicated in Section 10.3 hereof until otherwise notified by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentAgent. The Seller Transferor shall, to the extent permitted by law, pay to the Agent, for the benefit of the Company and the Bank Investors upon demand, interest on any amount all amounts not paid or deposited by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest a rate equal to 2.02% per annum above plus the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of Discount, interest payable and all per annum fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts received . Any computations by the Seller from Agent of amounts payable by the Buyer Transferor hereunder shall be applied binding upon the Transferor absent manifest error. In the event that any payment hereunder is stated to be due on a day which is not a Business Day, then such payment shall be deemed to be due on the immediately succeeding Business Day, and such extension of time shall in such case be included in the following order computation of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) firstof Discount, to pay interest or any amounts fee payable pursuant to 2.02(c)(ii);
(y) secondhereunder, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer case may specifybe; provided, however, that if such extension would cause payment of Discount on any Eurodollar Tranche to be made in the next calendar month, such payment shall be made on the next preceding Business Day.
Appears in 1 contract
Samples: Transfer and Administration Agreement (Lci International Inc /Va/)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Seller or the Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 11:00 A.M. (New York City time) on the day when due in immediately available funds to the account lawful money of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due United States of America in immediately available funds to at the account office of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise Citibank specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. signature page hereto.
(b) The Seller shall, to the extent permitted by applicable law, pay interest to the Agent on any amount not paid or deposited by the Seller when duerequired to be paid by it hereunder, at an interest rate per annum equal to 2.0% per annum above the Alternate Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that such interest rate shall not at any payments to time exceed the maximum rate permitted by applicable law. Such interest shall be made for the account of, and shall be distributed to, the Purchasers or the Banks, as the case may be, ratably in accordance with their respective interests in such overdue amount and shall be paid by the Buyer in respect Seller free and clear of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside and without deduction for the payment any taxes of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. kind whatsoever.
(c) All computations of interest payable under subsection (b) above and all computations of fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts received by the Seller from the Buyer . Whenever any payment or deposit to be made hereunder shall be applied stated to be due on a day other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall in such case be included in the following order computation of such payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyor deposit.
Appears in 1 contract
Samples: Receivables Purchase and Sale Agreement (North Atlantic Energy Corp /Nh)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon 2:00 P.M. (New York Boston, Massachusetts time) on the day when due in immediately available funds to the account lawful money of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due United States of America in immediately available funds to a special account at FNBB (ABA #000-000-000, account #00000000), in the account name of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business DayDeal Agent and maintained at FNBB's office located at 000 Xxxxxxx Xxxxxx, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentXxxxxx, Xxxxxxxxxxxxx 00000. The Seller shall, to the extent permitted by law, pay to the Deal Agent interest on any amount all amounts not paid or deposited when due hereunder (whether owing by the Seller when due, individually or as Servicer) at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand ; provided, however, that such interest rate shall not at any payments to time exceed the maximum rate permitted by applicable law. Such interest shall be made retained by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer Deal Agent except to the extent that insufficient funds exist such failure to make a timely payment or deposit has continued beyond the date for distribution by the Deal Agent of such paymentoverdue amount to the Purchaser or any applicable Liquidity Provider pursuant to Section 2.06 or otherwise, in which case such interest accruing after such date shall be for the account of, and distributed by the Deal Agent to the Purchaser or such Liquidity Provider. All computations of interest payable and all computations of Yield, Breakage Indemnity, Program Fees, Liquidity Fees, Servicer Fees, Collateral Custodian Fees, Subservicer Fees, Backup Servicer Fees and other fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 days for the actual number of days (including the first but excluding the last day) elapsed.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Samples: Asset Purchase Agreement (Litchfield Financial Corp /Ma)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Transferor or the Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof by (including without limitation in accordance with the wire transfer instructions set forth as Exhibit H hereto) no later than 12:00 noon p.m. (New York time) on the day when due in immediately available funds funds; if such amounts are payable to the account of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder any Purchaser, they shall be paid or deposited in accordance with to the terms hereof Collection Account, until otherwise notified by no the Administrative Agent. No later than 11:00 A.M. 3:00 p.m. (New York time) on the day when due date of any Incremental Transfer hereunder, the Purchasers, will make available to the Transferor, in immediately available funds funds, the amount of such Incremental Transfer on such day by remitting such amount to the an account of the Buyer designated from time Transferor specified in the related notice of Transfer. The Transferor shall, to time the extent permitted by law, pay to the Buyer Administrative Agent, for the benefit of the Purchasers upon demand, interest on all amounts not paid or as otherwise directed deposited by it when due hereunder at a rate equal to 1.5% per annum plus the BuyerBase Rate. All payments computations of interest hereunder shall be made solely in Dollars unless otherwise specified hereinon the basis of a year of 365 or 366 days, as applicable for the actual number of days (including the first but excluding the last day) elapsed. In the event that Whenever any payment owed by any Person or deposit to be made hereunder becomes shall be due on a day which is not other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentpayment or deposit. The Seller shall, to the extent permitted by law, pay interest on any amount not paid or deposited Any computations by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, Administrative Agent of amounts payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable Transferor hereunder shall be made on binding upon the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapsedTransferor absent manifest error.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Payments and Computations, Etc. (a) All amounts to be paid or deposited by a Seller or the Buyer Collection Agent hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York City time) on the day when due in immediately available same day funds to an account or accounts designated by the account of the Seller designated Purchaser from time to time by time, which accounts, during the Seller or as otherwise directed by existence of the Seller. All Sale Agreement, shall be those set forth in the Sale Agreement, provided, that all amounts to be deposited into the Cash Collateral Account (as defined in the Sale Agreement) shall be deposited no later than 12:00 noon (New York City time) on the date when due, and in any event such amounts shall be deposited into the Cash Collateral Account prior to any withdrawal from a Lock-Box Account (other than to directly fund a deposit into the Cash Collateral Account).
(b) Each Seller shall, to the extent permitted by law, pay to the Purchaser interest on any amount not paid or deposited by the such Seller hereunder shall be paid (whether as Collection Agent or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York timeotherwise) on the day when due in immediately available funds hereunder at an interest rate per annum equal to 2.00% per annum above the account Alternate Base Rate, payable on demand.
(c) All computations of the Buyer designated from time to time by the Buyer or as otherwise directed by the Buyer. All payments interest and all computations of fees hereunder shall be made solely in Dollars unless otherwise specified hereinon the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed. In the event that Whenever any payment owed by any Person or deposit to be made hereunder becomes shall be due on a day which is not other than a Business Day, such payment or deposit shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such payment. The Seller shall, to the extent permitted by law, pay interest on any amount not paid payment or deposited by the Seller when due, at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay interest on any amount not paid or deposited by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer to the extent that insufficient funds exist to make such payment. All computations of interest payable hereunder shall be made on the basis of a year of 365 (or 366, as applicable) days for the actual number of days (including the first but excluding the last day) elapseddeposit.
(b) All amounts received by the Seller from the Buyer shall be applied in the following order of payment during each calendar week and prior to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specify.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Lexmark International Inc /Ky/)
Payments and Computations, Etc. (a) All amounts to be paid or deposited by the Buyer Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof by no later than 12:00 noon (New York City time) on the day when due in immediately available funds to the account lawful money of the Seller designated from time to time by the Seller or as otherwise directed by the Seller. All amounts to be paid or deposited by the Seller hereunder shall be paid or deposited in accordance with the terms hereof by no later than 11:00 A.M. (New York time) on the day when due United States of America in immediately available funds to such account as the account of the Buyer designated Agent may designate from time to time by the Buyer or as otherwise directed by the Buyer. All payments hereunder shall be made solely in Dollars unless otherwise specified herein. In the event that any payment owed by any Person hereunder becomes due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall be included in the computation of such paymentwriting. The Seller and the Servicer shall, to the extent permitted by law, pay to the Agent interest on any amount all amounts not paid or deposited by the Seller such Person when due, due hereunder at an interest rate equal to 2.02% per annum above the Base Rate, payable on demand. The Buyer shall, to the extent permitted by law, pay Such interest on any amount not paid or deposited shall be retained by the Buyer when due hereunder at an interest rate equal to 2.0% per annum above the Base Rate, payable on demand provided, however, that any payments to be made by the Buyer in respect of the foregoing shall be made solely from funds available to the Buyer which are not otherwise required to be applied or set-aside for the payment of any obligations of the Buyer under the Receivables Transfer Agreement, shall be non-recourse other than with respect to such funds and shall not constitute a claim against the Buyer Agent except to the extent that insufficient funds exist such failure to make a timely payment or deposit has continued beyond the date for distribution by the Agent of such paymentoverdue amount to the applicable Purchaser or the applicable Liquidity Provider, in which case such interest accruing after such date shall be for the account of, and distributed by the Agent to, such Purchaser or such Liquidity Provider. All computations of interest payable and all computations of Yield, Ongoing Liquidity Fees, Program Fees, Conduit Fees, Servicer Fees and Other Fees hereunder shall be made on the basis of a year of 365 (or 366, as applicable) 360 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 Yield or interest in excess of the maximum permitted by applicable law. In the event that any payment hereunder (bwhether constituting a payment of Capital, Yield or any other amount) All amounts received by is rescinded or must otherwise be returned for any reason, the Seller from the Buyer amount of such payment shall be applied in the following order of restored and such payment during each calendar week and prior shall be considered not to the first Settlement Date to occur after such week:
(x) first, to pay any amounts payable pursuant to 2.02(c)(ii);
(y) second, to make payments of interest on, and then principal of the Intercompany Note in accordance with Section 2.07 and the Intercompany Note; and
(z) third, in such manner as the Buyer may specifyhave been made.
Appears in 1 contract