Common use of Payments by Each Applicable Borrower Clause in Contracts

Payments by Each Applicable Borrower. (a) All payments to be made by each Applicable Borrower shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by each Applicable Borrower (other than any Subsidiary Swing Line Borrower) shall be made to the Applicable Agent for the account of the Lenders or Scotiabank (with respect to Swing Line Loans made in U.S. Dollars or Pounds Sterling) at the Agent's Payment Office, and all payments to be made by all other Subsidiary Swing Line Borrowers shall be made to the Applicable Swing Line Lender as directed by it for the account of such Applicable Swing Line Lender. Except as otherwise provided herein, all payments by each Applicable Borrower (i) with respect to principal of, interest on, and any other amount relating to any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, (ii) with respect to the Canadian Facility Fee and principal of, interest on and any other amount relating to any Canadian Loan, shall be made in Canadian Dollars, and (iii) with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made in Same Day Funds and (x) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Applicable Agent (or the Applicable Swing Line Lender for Swing Line Loans not made in U.S. Dollars or Pounds Sterling) (and advised in writing to each Applicable Borrower) to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (y) in the case of any U.S. Dollar or Canadian Dollar payments, no later than 11:00 a.m. (New York City time) on the date specified herein. The Applicable Agent will promptly distribute to each Lender its Pro Rata Share of such payment received by it for the account of the Lenders in like funds as received. Any payment received by the Applicable Agent or the Applicable Swing Line Lender, as the case may be, later than the time specified in clause (x) or (y) above, as applicable, shall be deemed to have been received on the following Business Day, and any applicable interest or fee shall continue to accrue. (b) Whenever any payment is due on a day other than a Business Day, such payment shall be made on the following Business Day, and such extension of time shall be included in the computation of interest or fees, as the case may be. (c) Unless the Applicable Agent receives notice from an Applicable Borrower that borrows in Canadian Dollars, U.S. Dollars or Pounds Sterling prior to the date on which any payment is due to the Lenders that such Applicable Borrower will not make such payment in full as and when required, the Applicable Agent may assume that such Applicable Borrower has made such payment in full to the Applicable Agent on such date in Same Day Funds and the Applicable Agent may (but shall not be required to), 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 an Applicable Borrower that borrows in Canadian Dollars, U.S. Dollars or Pounds Sterling, as the case be, has not made such payment in full to the Applicable Agent, each Lender shall repay to the Applicable Agent on demand such amount distributed to such Lender, together with interest thereon at (i) in the case of a payment in an Offshore Currency, the Overnight Rate, (ii) in the case of payment in Canadian Dollars, the Canadian Federal Funds Rate, or (iii) in the case of a payment in U.S. Dollars, the U.S. Federal Funds Rate, in each case for each day from the date such amount is distributed to such Lender until the date repaid.

Payments by Each Applicable Borrower. (a) All payments to be made by each Applicable Borrower shall be made without set-off, recoupment or counterclaim. Except with respect payments denominated in Australian Dollars or as otherwise expressly provided herein, all payments by each Applicable Borrower (other than any Subsidiary Swing Line Borrower) shall be made to the Applicable Administrative Agent for the account of the Lenders or Scotiabank (with respect to Swing Line Loans made in U.S. Dollars or Pounds Sterling) at the Agent's Payment Office, and all payments to be . Payments denominated in Australian Dollars made by all other Subsidiary Swing Line Borrowers any Applicable Borrower shall be made directly to the applicable Qualified Offshore Lender (with written notice thereof to the Administrative Agent) at such Lender's payment office as advised by such Lender to the Applicable Swing Line Lender as directed by it for the account of such Applicable Swing Line LenderBorrower. Except as otherwise expressly provided herein, all payments by each Applicable Borrower (i) with respect to principal of, interest on, and any other amount relating to any Offshore Currency LoanRevolving Loan or Swing Line Loans denominated in an Offshore Currency, shall be made in the Offshore Currency in which such Loan is denominated or payable, and (ii) with respect to the Canadian Facility Fee and principal of, interest on and any other amount relating to any Canadian Loan, shall be made in Canadian Dollars, and (iii) with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made in Same Day Funds and (x) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Applicable Administrative Agent (or the Applicable Swing Line Lender for Swing Line Loans not made in U.S. Dollars or Pounds Sterling) (and advised in writing to each Applicable Borrower) to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (y) in the case of any U.S. Dollar or Canadian Dollar payments, no later than 11:00 a.m. (New York City time) on the date specified herein. The Applicable Administrative Agent will promptly distribute to each Lender its Pro Rata Share of such payment received by it for the account of the Lenders in like funds as received. Any payment received by the Applicable Administrative Agent or the Applicable Swing Line Lender, as the case may be, later than the time specified in clause (x) or (y) above, as applicable, shall be deemed to have been received on the following Business Day, and any applicable interest or fee fees shall continue to accrue. (b) Whenever any payment is due on a day other than a Business Day, such payment shall be made on the following Business Day, and such extension of time shall be included in the computation of interest or fees, as the case may be. (c) Unless the Applicable Administrative Agent receives notice from an Applicable Borrower that borrows in Canadian Dollars, U.S. Dollars or Pounds Sterling prior to the date on which any payment is due to the Lenders that such Applicable Borrower will not make such payment in full as and when required, the Applicable Administrative Agent may assume that such Applicable Borrower has made such payment in full to the Applicable Administrative Agent on such date in Same Day Funds Funds, and the Applicable Administrative Agent may (but shall not be required to), 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 an Applicable Borrower that borrows in Canadian Dollars, U.S. Dollars or Pounds Sterling, as the case be, has not made such payment in full to the Applicable Administrative Agent, each Lender shall repay to the Applicable Administrative Agent on demand such amount distributed to such Lender, together with interest thereon at (i) in the case of a payment in an Offshore Currency, the Overnight Rate, or (ii) in the case of payment in Canadian Dollars, the Canadian Federal Funds Rate, or (iii) in the case of a payment in U.S. Dollars, the U.S. Federal Funds Rate, in each case for each day from the date such amount is distributed to such Lender until the date repaid.

Payments by Each Applicable Borrower. (a) All payments to be made by each Applicable Borrower shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by each Applicable Borrower (other than any Subsidiary Swing Line Borrower) shall be made to the Applicable Paying Agent for the account of the Lenders or Scotiabank (with respect to Swing Line Loans made in U.S. Dollars or Pounds Sterling) at the Agent's Payment Office, and all payments to be made by all other Subsidiary Swing Line Borrowers shall be made to the Applicable Swing Line Lender as directed by it for the account of such Applicable Swing Line Lender. Except as otherwise expressly provided herein, all payments by each Applicable Borrower (i) with respect to principal of, interest on, and any other amount relating to any Offshore Currency Loan, shall be made in the Offshore Currency in which such Loan is denominated or payable, and (ii) with respect to the Canadian Facility Fee and principal of, interest on and any other amount relating to any Canadian Loan, shall be made in Canadian Dollars, and (iii) with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made in Same Day Funds and (x) in the case of Offshore Currency payments, no later than such time on the dates specified herein as may be determined by the Applicable Paying Agent (or the Applicable Swing Line Lender for Swing Line Loans not made in U.S. Dollars or Pounds Sterling) (and advised in writing to each Applicable Borrower) to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (y) in the case of any U.S. Dollar or Canadian Dollar payments, no later than 11:00 a.m. (New York City time) on the date specified herein. The Applicable Paying Agent will promptly distribute to each Lender its Pro Rata Share of such payment received by it for the account of the Lenders in like funds as received. Any payment received by the Applicable Paying Agent or the Applicable Swing Line Lender, as the case may be, later than the time specified in clause (x) or (y) above, as applicable, shall be deemed to have been received on the following Business Day, and any applicable interest or fee shall continue to accrue. (b) Whenever any payment is due on a day other than a Business Day, such payment shall be made on the following Business Day, and such extension of time shall be included in the computation of interest or fees, as the case may be. (c) Unless the Applicable Paying Agent receives notice from an Applicable Borrower that borrows in Canadian Dollars, U.S. Dollars or Pounds Sterling prior to the date on which any payment is due to the Lenders that such Applicable Borrower will not make such payment in full as and when required, the Applicable Paying Agent may assume that such Applicable Borrower has made such payment in full to the Applicable Paying Agent on such date in Same Day Funds Funds, and the Applicable Paying Agent may (but shall not be required to), 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 an Applicable Borrower that borrows in Canadian Dollars, U.S. Dollars or Pounds Sterling, as the case be, has not made such payment in full to the Applicable Paying Agent, each Lender shall repay to the Applicable Paying Agent on demand such amount distributed to such Lender, together with interest thereon at (i) in the case of a payment in an Offshore Currency, the Overnight Rate, or (ii) in the case of payment in Canadian Dollars, the Canadian Federal Funds Rate, or (iii) in the case of a payment in U.S. Dollars, the U.S. Federal Funds Rate, in each case for each day from the date such amount is distributed to such Lender until the date repaid.