Common use of Payments by Borrowers Clause in Contracts

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower shall be made to Agent’s Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 p.m. (Chicago time) on the date specified herein. Any payment received by Agent later than 1:00 p.m. (Chicago time) shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Term Loan Agreement (BOISE CASCADE Co)

AutoNDA by SimpleDocs

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower Borrowers shall be made to Agent’s 's Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 2:00 p.m. (Chicago Boston, Massachusetts time) on the date specified herein. Any payment received by Agent later than 1:00 2:00 p.m. (Chicago Boston, Massachusetts time) shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from the Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Defaulting Lender Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Loan and Security Agreement (Hologic Inc)

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower Loan Party shall be made in Dollars to Agent’s Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 2:00 p.m. (Chicago Boston time) on the date specified herein. Any payment received by Agent later than 1:00 2:00 p.m. (Chicago Boston time) ), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds in Dollars and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Defaulting Lender Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Credit Agreement (Velocity Express Corp)

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower Borrowers shall be made to Agent’s 's Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 2:00 p.m. (Chicago Boston, Massachusetts time) on the date specified herein. Any payment received by Agent later than 1:00 2:00 p.m. (Chicago Boston, Massachusetts time) ), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from the Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Defaulting Lender Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Loan Agreement (Geac Computer Corp LTD)

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower shall be made to Agent’s Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 2:00 p.m. (Chicago New York time) on the date specified herein. Any payment received by Agent later than 1:00 2:00 p.m. (Chicago New York time) shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Defaulting Lender Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Credit Agreement (Sirva Inc)

AutoNDA by SimpleDocs

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower Borrowers shall be made to Agent’s Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 2:00 p.m. (Chicago New York time) on the date specified herein. Any payment received by Agent later than 1:00 2:00 p.m. (Chicago New York time) ), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Defaulting Lender Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Credit Agreement (Hudson Highland Group Inc)

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower Borrowers shall be made to Agent’s Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 2:00 p.m. (Chicago New York time) on the date specified herein. Any payment received by Agent later than 1:00 2:00 p.m. (Chicago New York time) shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Defaulting Lender Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Credit Agreement (Medquist Inc)

Payments by Borrowers. (i) Except as otherwise expressly provided herein, all payments by any Borrower Borrowers shall be made to Agent’s 's Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:00 2:00 p.m. (Chicago Boston, Massachusetts time) on the date specified herein. Any payment received by Agent later than 1:00 2:00 p.m. (Chicago Boston, Massachusetts time) ), shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day. (ii) Unless Agent receives notice from Administrative Borrower prior to the date on which any payment is due to the Lenders that Borrowers will not make such payment in full as and when required, Agent may assume that Borrowers have made (or will make) such payment in full to Agent on such date in immediately available funds and Agent may (but shall not be so required), in reliance upon such assumption, distribute to each Lender on such due date an amount equal to the amount then due such Lender. If and to the extent Borrowers do not make such payment in full to Agent on the date when due, each Lender severally shall repay to Agent on demand such amount distributed to such Lender, together with interest thereon at the Base Defaulting Lender Rate for each day from the date such amount is distributed to such Lender until the date repaid.

Appears in 1 contract

Samples: Loan and Security Agreement (Harolds Stores Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!