Payments by Credit Parties. (a) All payments to be made by any Credit Party under the Financing Documents shall be made without set-off, defense, recoupment or counterclaim or other reduction. Except as otherwise expressly provided herein, all payments by (or on behalf of) any Credit Party under the Financing Documents shall be made to the Administrative Agent (in the case of Dollars) or to the Peso Agent (in the case of Pesos), in each case for the account of the Lenders (or other applicable recipient) at the applicable Payment Office, and shall be made in Dollars or Pesos (as applicable), and in immediately available funds, no later than 12:00 noon (New York City time) on the specified payment date. The Administrative Agent or the Peso Agent, as the case may be, promptly (and, in any event, on the date received) shall distribute to each Lender (or other applicable recipient) its Pro Rata Share (or other applicable share as expressly provided in the Financing Documents) of such payment in like funds as received. Any payment received by the Administrative Agent or the Peso Agent later than 12:00 noon (New York City time) on a payment date shall be deemed to have been received on the following Business Day, and any applicable interest or fee shall continue to accrue; provided that such payment delay shall not be considered to be a Default and no Default Rate shall be applicable as a result thereof. The Peso Agent (unless it is the same institution as the Administrative Agent) shall provide the Administrative Agent written notice of each payment received by the Peso Agent from (or on behalf of) the Credit Parties. (b) Whenever any payment is due on a day other than a Business Day, such payment shall be made on the preceding Business Day, and such reduction of time shall in such event be included in the computation of interest or fees, as the case may be. (c) Unless the Administrative Agent or the Peso Agent, as the case may be, receives notice from the Borrower before the date on which any payment is due to the Lenders that the Borrower (or the Guarantors on its behalf) shall not make such payment in full as and when required, such Agent may assume that the Credit Parties have made such payment in full to such Agent on such date in immediately available funds and such 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 the Credit Parties have not made such payment in full to such Agent, then each Lender shall repay to such Agent on demand such amount so distributed to such Lender by such Agent, together: (i) with respect to the Dollar Loans, with interest thereon at the Federal Funds Rate, and (ii) with respect to the Peso Loans, with interest thereon at the customary rate charged by the Peso Agent for Peso overdrafts, for each day from the date such amount is distributed to such Lender to the date repaid to such Agent. The giving of notice by the Borrower to any Agent that the Borrower shall not make (or cause the Guarantors to make) any payment in full as and when required shall not be construed in any manner whatsoever as: (x) a consent by the Financing Parties to such failure to pay or (y) a waiver to any of the rights that the Financing Parties may have. (d) Payments received by any Agent from (or on behalf of) the Borrower in respect of Loans shall be applied as follows: first, to any fees (on a pro rata basis) due pursuant to Section 2.7; second, to any interest (including, if applicable, at the Default Rate) due and payable pursuant to Section 2.6 (including, pursuant to Section 2.6(b), on any amount of the Loans that is prepaid), such interest to be paid pro rata to each Lender under the applicable Tranche; third, to principal due and payable pursuant to Sections 2.4 and 2.5, such principal to be paid pro rata to each Lender under the applicable Tranche; and fourth, to all other Obligations payable in connection with the Financing Documents in such order as shall be determined by the Required Lenders; it being understood that the Payment Dates for interest for the Loans may not be concurrent and any payment of interest with respect to a Loan shall be applied only to interest then due and payable on the Loans. (e) After a payment is received by an Agent pursuant to this Section 2.9, upon a written request of the Borrower, such Agent shall use reasonable efforts to issue and deliver to the Borrower within 30 days after such request a receipt with respect to such payment received from the Borrower pursuant to this Agreement, which receipt shall describe how such payment has been applied.
Appears in 2 contracts
Samples: Credit Agreement (Axtel Sab De Cv), Credit Agreement (Axtel Sab De Cv)
Payments by Credit Parties. (a) All payments to be made by any Credit Party under the Financing Documents shall be made without set-off, defense, recoupment or counterclaim or other reductioncounterclaim. Except as otherwise expressly provided herein, all payments by (or on behalf of) any Credit Party under the Financing Documents shall be made to the Administrative Agent (in the case of Dollars) or to the Peso Agent (in the case of Pesos), in each case for the account of the Lenders (or other applicable recipient) Lending Parties at the applicable Administrative Agent's Payment Office, and, with respect to principal of, interest on, and any other amounts relating to, any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and, with respect to all other amounts payable hereunder, shall be made in Dollars or Pesos (as applicable)and in each case, and in immediately available funds, and (i) in the case of Offshore Currency payments, no later than 12:00 noon (New York City time) such time on the dates specified herein as may be reasonably determined by the Administrative Agent to be necessary for such payment dateto be credited on such date in accordance with normal lending procedures in the place of payment and (ii) in the case of any Dollar payments no later than the Requisite Time. The Administrative Agent or the Peso Agent, as the case may be, will promptly (and, in any event, on the date received) shall distribute to each Lender (or other applicable recipient) its Pro Rata Share (or other applicable share as expressly provided in the Financing Documents) of such payment in like funds as received. Any payment received by the Administrative Agent or the Peso Agent later than 12:00 noon (New York City time) on a payment date the applicable time set forth above shall be deemed to have been received on the following Business Day, Day and any applicable interest or fee shall continue to accrue; provided . Notwithstanding any other provisions of this Agreement, if and to the extent that EMU Legislation provides that amounts denominated in the Euro or an NCU may be paid within a country in either the Euro or the NCU of that country by crediting the account of the creditor in that country, payments may be made in either the Euro or such payment delay shall not be considered to be a Default and no Default Rate shall be applicable as a result thereof. The Peso Agent (unless it is the same institution as the Administrative Agent) shall provide the Administrative Agent written notice of each payment received by the Peso Agent from (or on behalf of) the Credit PartiesNCU.
(b) Whenever Subject to the provisions set forth in the definition of "Interest Period" herein, whenever any payment is due on a day other than a Business Day, such payment shall be made on the preceding following Business Day, and such reduction extension of time shall in such event case be included in the computation of interest or fees, as the case may be.
(c) Unless the Administrative Agent or the Peso Agent, as the case may be, receives notice from the Borrower before Representative on behalf of a Borrower prior to the date on which any payment is due to the Lenders that the such Borrower (or the Guarantors on its behalf) shall will not make such payment in full as and when required, such the Administrative Agent may assume that the Credit Parties have such Borrower has made such payment in full to such the Administrative Agent on such date in immediately available funds and such the Administrative 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 the Credit Parties have not made such payment in full to such Agent, then each Lender shall repay to such Agent on demand such amount so distributed to such Lender by such Agent, together: (i) with respect to the Dollar Loans, with interest thereon at the Federal Funds Rate, and (ii) with respect to the Peso Loans, with interest thereon at the customary rate charged by the Peso Agent for Peso overdrafts, for each day from the date such amount is distributed to such Lender to the date repaid to such Agent. The giving of notice by the Borrower to any Agent that the Borrower shall not make (or cause the Guarantors to make) any payment in full as and when required shall not be construed in any manner whatsoever as: (x) a consent by the Financing Parties to such failure to pay or (y) a waiver to any of the rights that the Financing Parties may have.
(d) Payments received by any Agent from (or on behalf of) the Borrower in respect of Loans shall be applied as follows: first, to any fees (on a pro rata basis) due pursuant to Section 2.7; second, to any interest (including, if applicable, at the Default Rate) due and payable pursuant to Section 2.6 (including, pursuant to Section 2.6(b), on any amount of the Loans that is prepaid), such interest to be paid pro rata to each Lender under the applicable Tranche; third, to principal due and payable pursuant to Sections 2.4 and 2.5, such principal to be paid pro rata to each Lender under the applicable Tranche; and fourth, to all other Obligations payable in connection with the Financing Documents in such order as shall be determined by the Required Lenders; it being understood that the Payment Dates for interest for the Loans may not be concurrent and any payment of interest with respect to a Loan shall be applied only to interest then due and payable on the Loans.
(e) After a payment is received by an Agent pursuant to this Section 2.9, upon a written request of the Borrower, such Agent shall use reasonable efforts to issue and deliver to the Borrower within 30 days after such request a receipt with respect to such payment received from the Borrower pursuant to this Agreement, which receipt shall describe how such payment has been applied.such
Appears in 1 contract
Samples: Credit Agreement (Trylon Corp/Mi/)
Payments by Credit Parties. (a) All payments to be made by any Credit Party under the Financing Documents shall be made without set-off, defense, recoupment or counterclaim or other reductioncounterclaim. Except as otherwise expressly provided herein, all payments by (or on behalf of) any Credit Party under the Financing Documents shall be made to the Administrative Agent (in the case of Dollars) or to the Peso Agent (in the case of Pesos), in each case for the account of the Lenders (or other applicable recipient) Lending Parties at the applicable Agent's Payment Office, and shall be made in Dollars or Pesos (as applicable), and in immediately available funds, no later than 12:00 noon 1:00 p.m. (New York City Chicago time) on the date specified payment dateherein provided that all payments with respect to the Term A Euro Loan and the Italian Euro Term Loan shall be in Euro and all payments with respect to the Italian Euro Term Loan shall be made to the Italian Euro Term Lender's Payment Office. The Administrative Agent will promptly distribute to each Lender its Revolver Pro Rata Share or Term A Dollar Pro Rata Share or Term A Euro Pro Rata Share or to the Peso Agentextent not paid directly to the Italian Euro Term Lender Italian Euro Term Pro Rata Share, as the case may be, promptly (and, in any event, on the date received) shall distribute to each Lender (or other applicable recipient) its Pro Rata Share (or other applicable share as expressly provided in the Financing Documentsherein) of such payment in like funds as received. Any payment received by the Administrative Agent or the Peso Agent later than 12:00 noon 1:00 p.m. (New York City Chicago time) on a payment date shall be deemed to have been received on the following Business Day, Day and any applicable interest or fee shall continue to accrue; provided that such payment delay shall not be considered to be a Default and no Default Rate shall be applicable as a result thereof. The Peso Agent (unless it is the same institution as the Administrative Agent) shall provide the Administrative Agent written notice of each payment received by the Peso Agent from (or on behalf of) the Credit Parties.
(b) Whenever Subject to the provisions set forth in the definition of "Interest Period" herein, whenever any payment is due on a day other than a Business Day, such payment shall be made on the preceding following Business Day, and such reduction extension of time shall in such event case be included in the computation of interest or fees, as the case may be.
(c) Unless the Administrative Agent or the Peso Agent, as the case may be, receives notice from the Borrower before Company prior to the date on which any payment is due to the Lenders that the Borrower (or the Guarantors on its behalf) shall Company will not make such payment in full as and when required, such the Agent may assume that the Credit Parties have Company has made such payment in full to such the Agent on such date in immediately available funds and such the 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 the Credit Parties have Company has not made such payment in full to such the Agent, then each Lender shall repay to such the Agent on demand such amount so distributed to such Lender by such AgentLender, together: (i) with respect to the Dollar Loans, together with interest thereon at the Federal Funds Rate, and (ii) with respect to the Peso Loans, with interest thereon at the customary rate charged by the Peso Agent for Peso overdrafts, Rate for each day from the date such amount is distributed to such Lender to until the date repaid to such Agent. The giving of notice by the Borrower to any Agent that the Borrower shall not make (or cause the Guarantors to make) any payment in full as and when required shall not be construed in any manner whatsoever as: (x) a consent by the Financing Parties to such failure to pay or (y) a waiver to any of the rights that the Financing Parties may haverepaid.
(d) Payments received by any Agent from (or on behalf of) the Borrower in respect of Loans shall be applied as follows: first, to any fees (on a pro rata basis) due pursuant to Section 2.7; second, to any interest (including, if applicable, at the Default Rate) due and payable pursuant to Section 2.6 (including, pursuant to Section 2.6(b), on any amount of the Loans that is prepaid), such interest to be paid pro rata to each Lender under the applicable Tranche; third, to principal due and payable pursuant to Sections 2.4 and 2.5, such principal to be paid pro rata to each Lender under the applicable Tranche; and fourth, to all other Obligations payable in connection with the Financing Documents in such order as shall be determined by the Required Lenders; it being understood that the Payment Dates for interest for the Loans may not be concurrent and any payment of interest with respect to a Loan shall be applied only to interest then due and payable on the Loans.
(e) After a payment is received by an Agent pursuant to this Section 2.9, upon a written request of the Borrower, such Agent shall use reasonable efforts to issue and deliver to the Borrower within 30 days after such request a receipt with respect to such payment received from the Borrower pursuant to this Agreement, which receipt shall describe how such payment has been applied.
Appears in 1 contract
Payments by Credit Parties. (a) All payments to be made by any Credit Party under the Financing Documents shall be made without set-off, defense, recoupment or counterclaim or other reduction. Except as otherwise expressly provided herein, all payments by (or on behalf of) any Credit Party under the Financing Documents shall be made to the Administrative Agent (in the case of Dollars) or to the Peso Agent (in the case of Pesos), in each case for the account of the Lenders (or other applicable recipient) at the applicable Payment Office, and shall be made in Dollars or Pesos (as applicable), and in immediately available funds, no later than 12:00 noon (New York City time) on the specified payment date. The Administrative Agent or the Peso Agent, as the case may be, promptly (and, in any event, on the date received) shall distribute to each Lender (or other applicable recipient) its Pro Rata Share (or other applicable share as expressly provided in the Financing Documents) of such payment in like funds as received. Any payment received by the Administrative Agent or the Peso Agent later than 12:00 noon (New York City time) on a payment date shall be deemed to have been received on the following Business Day, and any applicable interest or fee shall continue to accrue; provided that such payment delay shall not be considered to be a Default and no Default Rate shall be applicable as a result thereof. The Peso Agent (unless it is the same institution as the Administrative Agent) shall provide the Administrative Agent written notice of each payment received by the Peso Agent from (or on behalf of) the Credit Parties.
(b) Whenever any payment is due on a day other than a Business Day, such payment shall be made on the preceding Business Day, and such reduction of time shall in such event be included in the computation of interest or fees, as the case may be.
(c) Unless the Administrative Agent or the Peso Agent, as the case may be, receives notice from the Borrower before the date on which any payment is due to the Lenders that the Borrower (or the Guarantors on its behalf) shall not make such payment in full as and when required, such Agent may assume that the Credit Parties have made such payment in full to such Agent on such date in immediately available funds and such 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 the Credit Parties have not made such payment in full to such Agent, then each Lender shall repay to such Agent on demand such amount so distributed to such Lender by such Agent, together: (i) with respect to the Dollar Loans, with interest thereon at the Federal Funds Rate, and (ii) with respect to the Peso Loans, with interest thereon at the customary rate charged by the Peso Agent for Peso overdrafts, for each day from the date such amount is distributed to such Lender to the date repaid to such Agent. The giving of notice by the Borrower to any Agent that the Borrower shall not make (or cause the Guarantors to make) any payment in full as and when required shall not be construed in any manner whatsoever as: (x) a consent by the Financing Parties to such failure to pay or (y) a waiver to any of the rights that the Financing Parties may have.
(d) Payments received by any Agent from (or on behalf of) the Borrower in respect of Loans shall be applied as follows: first, to any fees (on a pro rata basis) due pursuant to Section 2.7; second, to any interest (including, if applicable, at the Default Rate) due and payable pursuant to Section 2.6 (including, pursuant to Section 2.6(b), on any amount of the Loans that is prepaid), such interest to be paid pro rata to each Lender under the applicable Tranche; third, to principal due and payable pursuant to Sections 2.4 and 2.5, such principal to be paid pro rata to each Lender under the applicable Tranche; and fourth, to all other Obligations payable in connection with the Financing Documents in such order as shall be determined by the Required Lenders; it being understood that the Payment Dates for interest for the Loans may not be concurrent and any payment of interest with respect to a Loan shall be applied only to interest then due and payable on the Loans.
(e) After a payment is received by an Agent pursuant to this Section 2.9, upon a written request of the Borrower, such Agent shall use reasonable efforts to issue and deliver to the Borrower within 30 days after such request a receipt with respect to such payment received from the Borrower pursuant to this Agreement, which receipt shall describe how such payment has been applied.
Appears in 1 contract
Samples: Credit Agreement (Axtel Sab De Cv)
Payments by Credit Parties. (a) All payments to be made by any a Credit Party under the Financing Documents shall be made without set-off, defense, recoupment or counterclaim or other reductioncounterclaim. Except as otherwise expressly provided herein, all payments by (or on behalf of) any a Credit Party under the Financing Documents shall be made to the Administrative Agent (in the case of Dollars) or to the Peso Agent (in the case of Pesos), in each case for the account of the Lenders (or other applicable recipient) at the applicable Agent's Payment Office, and shall be made in Dollars or Pesos (as applicable), dollars and in immediately available funds, no later than 12:00 noon Noon (New York City Chicago time) on the date specified payment dateherein. The Administrative Agent or the Peso Agent, as the case may be, will promptly (and, in any event, on the date received) shall distribute to each Lender (or other applicable recipient) its Pro Rata Share (or other applicable share as expressly provided in the Financing Documentsherein) of such payment in like funds as received. Any payment received by the Administrative Agent or the Peso Agent later than 12:00 noon Noon (New York City Chicago time) on a payment date shall be deemed to have been received on the following Business Day, Day and any applicable interest or fee shall continue to accrue; provided that such payment delay shall not be considered to be a Default and no Default Rate shall be applicable as a result thereof. The Peso Agent (unless it is accrue for the same institution as the Administrative Agent) shall provide the Administrative Agent written notice of each payment received by the Peso Agent from (or on behalf of) the Credit Partiesday actually received.
(b) Whenever Subject to the provisions set forth in the definition of "Interest Period" herein, whenever any payment is due on a day other than a Business Day, such payment shall be made on the preceding following Business Day, and such reduction extension of time shall in such event case be included in the computation of interest or fees, as the case may be.
(c) Unless the Administrative Agent or the Peso Agent, as the case may be, receives notice from the Borrower before a Credit Party prior to the date on which any payment is due to the Lenders that the Borrower (or the Guarantors on its behalf) shall such Credit Party will not make such payment in full as and when required, such the Agent may assume that the such Credit Parties have Party has made such payment in full to such the Agent on such date in immediately available funds and such the 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 the a Credit Parties have Party has not made such payment in full to such the Agent, then each Lender shall repay to such the Agent on demand such amount so distributed to such Lender by such AgentLender, together: (i) with respect to the Dollar Loans, together with interest thereon at the Federal Funds Rate, and (ii) with respect to the Peso Loans, with interest thereon at the customary rate charged by the Peso Agent for Peso overdrafts, Rate for each day from the date such amount is distributed to such Lender to until the date repaid to such Agent. The giving of notice by the Borrower to any Agent that the Borrower shall not make (or cause the Guarantors to make) any payment in full as and when required shall not be construed in any manner whatsoever as: (x) a consent by the Financing Parties to such failure to pay or (y) a waiver to any of the rights that the Financing Parties may haverepaid.
(d) Payments received by any Agent from (or on behalf of) the Borrower in respect of Loans shall be applied as follows: first, to any fees (on a pro rata basis) due pursuant to Section 2.7; second, to any interest (including, if applicable, at the Default Rate) due and payable pursuant to Section 2.6 (including, pursuant to Section 2.6(b), on any amount of the Loans that is prepaid), such interest to be paid pro rata to each Lender under the applicable Tranche; third, to principal due and payable pursuant to Sections 2.4 and 2.5, such principal to be paid pro rata to each Lender under the applicable Tranche; and fourth, to all other Obligations payable in connection with the Financing Documents in such order as shall be determined by the Required Lenders; it being understood that the Payment Dates for interest for the Loans may not be concurrent and any payment of interest with respect to a Loan shall be applied only to interest then due and payable on the Loans.
(e) After a payment is received by an Agent pursuant to this Section 2.9, upon a written request of the Borrower, such Agent shall use reasonable efforts to issue and deliver to the Borrower within 30 days after such request a receipt with respect to such payment received from the Borrower pursuant to this Agreement, which receipt shall describe how such payment has been applied.
Appears in 1 contract
Payments by Credit Parties. (a) All payments to be made by any Credit Party under the Financing Documents shall be made without set-off, defense, recoupment or counterclaim or other reductioncounterclaim. Except as otherwise expressly provided herein, all payments by (or on behalf of) any Credit Party under the Financing Documents shall be made to the Administrative Agent (in the case of Dollars) or to the Peso Agent (in the case of Pesos), in each case for the account of the Lenders (or other applicable recipient) Lending Parties at the applicable Agent's Payment Office, and shall be made in Dollars or Pesos (as applicable), and in immediately available funds, no later than 12:00 noon 1:00 p.m. (New York City Chicago time) on the date specified payment dateherein. The Administrative Agent or the Peso Agent, as the case may be, will promptly (and, in any event, on the date received) shall distribute to each Lender (or other applicable recipient) its Pro Rata Share (or other applicable share as expressly provided in the Financing Documentsherein) of such payment in like funds as received. Any payment received by the Administrative Agent or the Peso Agent later than 12:00 noon 1:00 p.m. (New York City Chicago time) on a payment date shall be deemed to have been received on the following Business Day, Day and any applicable interest or fee shall continue to accrue; provided that such payment delay shall not be considered to be a Default and no Default Rate shall be applicable as a result thereof. The Peso Agent (unless it is the same institution as the Administrative Agent) shall provide the Administrative Agent written notice of each payment received by the Peso Agent from (or on behalf of) the Credit Parties.
(b) Whenever Subject to the provisions set forth in the definition of "Interest Period" herein, whenever any payment is due on a day other than a Business Day, such payment shall be made on the preceding following Business Day, and such reduction extension of time shall in such event case be included in the computation of interest or fees, as the case may be.
(c) Unless the Administrative Agent or the Peso Agent, as the case may be, receives notice from the Borrower before Company prior to the date on which any payment is due to the Lenders that the Borrower (or the Guarantors on its behalf) shall Company will not make such payment in full as and when required, such the Agent may assume that the Credit Parties have Company has made such payment in full to such the Agent on such date in immediately available funds and such the 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 the Credit Parties have Company has not made such payment in full to such the Agent, then each Lender shall repay to such the Agent on demand such amount so distributed to such Lender by such AgentLender, together: (i) with respect to the Dollar Loans, together with interest thereon at the Federal Funds Rate, and (ii) with respect to the Peso Loans, with interest thereon at the customary rate charged by the Peso Agent for Peso overdrafts, Rate for each day from the date such amount is distributed to such Lender to until the date repaid to such Agent. The giving of notice by the Borrower to any Agent that the Borrower shall not make (or cause the Guarantors to make) any payment in full as and when required shall not be construed in any manner whatsoever as: (x) a consent by the Financing Parties to such failure to pay or (y) a waiver to any of the rights that the Financing Parties may haverepaid.
(d) Payments received by any Agent from (or on behalf of) the Borrower in respect of Loans shall be applied as follows: first, to any fees (on a pro rata basis) due pursuant to Section 2.7; second, to any interest (including, if applicable, at the Default Rate) due and payable pursuant to Section 2.6 (including, pursuant to Section 2.6(b), on any amount of the Loans that is prepaid), such interest to be paid pro rata to each Lender under the applicable Tranche; third, to principal due and payable pursuant to Sections 2.4 and 2.5, such principal to be paid pro rata to each Lender under the applicable Tranche; and fourth, to all other Obligations payable in connection with the Financing Documents in such order as shall be determined by the Required Lenders; it being understood that the Payment Dates for interest for the Loans may not be concurrent and any payment of interest with respect to a Loan shall be applied only to interest then due and payable on the Loans.
(e) After a payment is received by an Agent pursuant to this Section 2.9, upon a written request of the Borrower, such Agent shall use reasonable efforts to issue and deliver to the Borrower within 30 days after such request a receipt with respect to such payment received from the Borrower pursuant to this Agreement, which receipt shall describe how such payment has been applied.
Appears in 1 contract
Payments by Credit Parties. (a) All payments to be made by any Credit Party under the Financing Documents shall be made without set-off, defense, recoupment or counterclaim or other reduction. Except as otherwise expressly provided herein, all payments by (or on behalf of) any Credit Party under the Financing Documents shall be made to the Administrative Agent (in the case of Dollars) or to the Peso Agent (in the case of Pesos), in each case for the account of the Lenders (or other applicable recipient) at the applicable Payment Office, and shall be made in Dollars or Pesos (as applicable)Dollars, and in immediately available funds, no later than 12:00 noon (New York City time) on the specified payment date. The Administrative Agent or the Peso Agent, as the case may be, promptly (and, in any event, on the date received) shall distribute to each Lender (or other applicable recipient) its Pro Rata Share (or other applicable share as expressly provided in the Financing Documents) of such payment in like funds as received. Any payment received by the Administrative Agent or the Peso Agent later than 12:00 noon (New York City time) on a payment date shall be deemed to have been received on the following Business Day, and any applicable interest or fee shall continue to accrue; provided that such payment delay shall not be considered to be a Default and no Default Rate shall be applicable as a result thereof. The Peso Agent (unless it is the same institution as the Administrative Agent) shall provide the Administrative Agent written notice of each payment received by the Peso Agent from (or on behalf of) the Credit Parties.
(b) Whenever any payment is due on a day other than a Business Day, such payment shall be made on the preceding Business Day, and such reduction of time shall in such event be included in the computation of interest or fees, as the case may be.
(c) Unless the Administrative Agent or the Peso Agent, as the case may be, receives notice from the Borrower before the date on which any payment is due to the Lenders that the Borrower (or the Guarantors on its behalf) shall not make such payment in full as and when required, such the Administrative Agent may assume that the Credit Parties have made such payment in full to such the Administrative Agent on such date in immediately available funds and such the Administrative 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 the Credit Parties have not made such payment in full to such the Administrative Agent, then each Lender shall repay to such the Administrative Agent on demand such amount so distributed to such Lender by such the Administrative Agent, together: (i) with respect to the Dollar Loans, together with interest thereon at the Federal Funds Rate, and (ii) with respect to the Peso Loans, with interest thereon at the customary rate charged by the Peso Agent for Peso overdrafts, Rate for each day from the date such amount is distributed to such Lender to the date repaid to such the Administrative Agent. The giving of notice by the Borrower to any the Administrative Agent that the Borrower shall not make (or cause the Guarantors to make) any payment in full as and when required shall not be construed in any manner whatsoever as: (x) a consent by the Financing Parties to such failure to pay or (y) a waiver to any of the rights that the Financing Parties may have.
(d) Payments received by any the Administrative Agent from (or on behalf of) the Borrower in respect of Loans shall be applied as follows: first, to any fees (on a pro rata basis) due pursuant to Section 2.7; second, to any interest (including, if applicable, at the Default Rate) due and payable pursuant to Section 2.6 (including, pursuant to Section 2.6(b), on any amount of the Loans that is prepaid), such interest to be paid pro rata to each Lender under the applicable TrancheLender; third, to principal due and payable pursuant to Sections 2.4 and 2.5, such principal to be paid pro rata to each Lender under the applicable TrancheLender; and fourth, to all other Obligations payable in connection with the Financing Documents in such order as shall be determined by the Required Lenders; it being understood that the Payment Dates for interest for the Loans may not be concurrent and any payment of interest with respect to a Loan shall be applied only to interest then due and payable on the Loans.
(e) After a payment is received by an Agent pursuant to this Section 2.9, upon a written request of the Borrower, such Agent shall use reasonable efforts to issue and deliver to the Borrower within 30 days after such request a receipt with respect to such payment received from the Borrower pursuant to this Agreement, which receipt shall describe how such payment has been applied.
Appears in 1 contract