Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers shall be made to the Applicable Agent for the account of the Lenders at the applicable Payment Office and (i) with respect to principal of, interest on and any other amount relating to any Canadian Dollar Loan, any amount relating to any Bankers' Acceptance or BA Equivalent Note and any fees payable by Parent, shall be made in Canadian Dollars, and (ii) 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 payments to the U.S. Agent, no later than 12:00 noon (Chicago time) on the date specified herein and (y) in the case of payments to the Canadian Agent, no later than 12:00 noon (Toronto time) on the date specified herein. The Applicable Agent will promptly distribute to each Applicable Lender its Pro Rata Share (or its other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by an Agent 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 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 (unless, in the case of a payment with respect to an Offshore Rate Loan, such following Business Day is the first Business Day of a calendar month, in which event such payment shall be made on the preceding 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 the Applicable Borrower prior to the date on which any payment is due to the Lenders (or any of them) that such Borrower will not make such payment in full as and when required, such Agent may assume that such Borrower has made such payment in full to such Agent on such date in Same Day Funds and such Agent may (but shall not be required to), in reliance upon such assumption, distribute to each Applicable Lender on such date the amount then due such Lender. If and to the extent the Applicable Borrower has not made such payment in full to such Agent, each Applicable Lender shall repay to such Agent on demand such amount distributed to such Lender, together with interest thereon at (i) in the case of a payment in Canadian Dollars, the Canadian Cost of Funds Rate, and (ii) 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.
Appears in 1 contract
Samples: Credit Agreement (Capital Environmental Resource Inc)
Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers shall be made to the Applicable Agent for the account of the Lenders at the applicable Payment Office and (i) with respect to principal of, interest on and any other amount relating to any Canadian Dollar Loan, any amount relating to any Bankers' Acceptance or BA Equivalent Note and any fees payable by Parent, shall be made in Canadian Dollars, and (ii) 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 payments to the U.S. AgentCanadian Dollar payments, no later than 12:00 noon 11:00 a.m. (Chicago time) on the date specified herein and (y) in the case of payments to the Canadian AgentU.S. Dollar payments, no later than 12:00 noon 11:00 a.m. (Toronto Chicago time) on the date specified herein. The Applicable Agent will promptly distribute to each Applicable Lender its Pro Rata Share (or its Canadian Percentage or other applicable share as expressly provided in Section 2.2.6 or elsewhere herein) of such payment in like funds as received. Any payment received by an Agent later than the time specified in CLAUSE clause (Xx) or (Yy) above, as applicable, shall be deemed to have been received on the following Business Day, and any applicable interest 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 (unless, in the case of a payment with respect to an Offshore Rate Loan, such following Business Day is the first Business Day of a calendar month, in which event such payment shall be made on the preceding 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 the Applicable applicable Borrower prior to the date on which any payment is due to the Lenders (or any of them) that such Borrower will not make such payment in full as and when required, such Agent may assume that such Borrower has made such payment in full to such Agent on such date in Same Day Funds and such Agent may (but shall not be required to), in reliance upon such assumption, distribute to each Applicable applicable Lender on such date the amount then due such Lender. If and to the extent the Applicable applicable Borrower has not made such payment in full to such Agent, each Applicable applicable Lender shall repay to such Agent on demand such amount distributed to such Lender, together with interest thereon at (i) in the case of a payment in Canadian Dollars, the Canadian Cost of Funds RateFunds, and (ii) 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.
Appears in 1 contract
Samples: Credit Agreement (Video Update Inc)
Payments by the Borrowers. (a) All payments to be made by the Borrowers any Borrower shall be made without set-off, recoupment or counterclaim. Except for payments required to be made to the Canadian Revolving Lender or as otherwise expressly provided herein, all payments by the Borrowers any Borrower shall be made to the Applicable Agent for the account of the Lenders at the applicable Agent's Payment Office and (i) Office, and, with respect to principal of, interest on on, and any other amount amounts relating to to, any Canadian Dollar Loan, any amount relating to any Bankers' Acceptance or BA Equivalent Note and any fees payable by Parent, shall be Revolving Loan made in Canadian DollarsDollars shall be paid in Canadian Dollars and, and (ii) with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made in Same Day Funds immediately available funds, and (xi) in the case of payments to the U.S. AgentCanadian Revolving Loans, no later than 12:00 noon (Chicago time) such time on the date dates specified herein as may be determined by the Agent or the Canadian Revolving Lender, as the case may be, to be necessary for such payment to be credited on such date in accordance with normal banking procedures in the place of payment, and (yii) in the case of payments to the Canadian Agentany Dollar payments, no later than 12:00 noon 11:00 a.m. (Toronto Chicago time) on the date specified herein. The Applicable Agent will promptly distribute to each Applicable Revolving Lender its Pro Rata Share (or its other applicable share as expressly provided herein) of such payment principal, interest, fees or other amounts, in like funds as received. Any payment which is received by an the Agent later than 11:00 a.m. (Chicago time) or by the Canadian Revolving Lender later than 11:00 a.m. (Toronto time), as the case may be, or later than the time specified by the Agent or the Canadian Revolving Lender as provided in CLAUSE clause (Xi) or above (Y) above, as applicablein the case of Canadian Revolving Loans), shall be deemed to have been received on the following Business Day, 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 (unless, in the case of a payment with respect to an Offshore Rate Loan, such following Business Day is the first Business Day of a calendar month, in which event such payment shall be made on the preceding 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 the Applicable applicable Borrower prior to the date on which any payment is due to the Lenders (or any of them) that such Borrower will not make such payment in full as and when required, such the Agent may assume that such Borrower has made such payment in full to such the Agent on such date in Same Day Funds immediately available funds and such the Agent may (but shall not be required toso required), in reliance upon such assumption, distribute to each Applicable Lender on such due date an amount equal to the amount then due such Lender. If and to the extent the Applicable such Borrower has not made such payment in full to such the Agent, each Applicable Lender shall repay to such the Agent on demand such amount distributed to such Lender, together with interest thereon at (i) the Federal Funds Rate or, in the case of a payment in Canadian Dollarsan Offshore Currency, the Canadian Cost of Funds Overnight Rate, and (ii) 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.
Appears in 1 contract
Samples: Credit Agreement (Abc Naco Inc)
Payments by the Borrowers. (ai) All payments to be made by the Borrowers Canadian Borrower shall be made without set-set off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Canadian Borrower shall be made to the Agent for the account of the Canadian Lenders at the account designated by the Agent and shall be made in Dollars or U.S. Dollars, as applicable, and in immediately available funds, no later than 2:00 p.m. (Toronto time) in the case of payments required to be made in Dollars or noon (Toronto time) in the case of payments required to be made in U.S. Dollars, in each case on the date specified herein. Any payment received by the Agent after such time shall be deemed (for purposes of calculating interest only) to have been received on the following Business Day and any applicable interest shall continue to accrue.
(ii) All payments to be made by the U.S. Borrowers shall be made without set off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the U.S. Borrowers shall be made to the Applicable Agent for the account of the Lenders U.S. Lenders, at the applicable Payment Office account designated by the Agent and (i) with respect to principal of, interest on and any other amount relating to any Canadian Dollar Loan, any amount relating to any Bankers' Acceptance or BA Equivalent Note and any fees payable by Parent, shall be made in Canadian Dollars, and (ii) with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made Dollars and in Same Day Funds and (x) in the case of payments to the U.S. Agentimmediately available funds, no later than 12:00 noon (Chicago time) on the date specified herein and (y) in the case of payments to the Canadian Agent, no later than 12:00 noon 2:00 p.m. (Toronto time) on the date specified herein. The Applicable Agent will promptly distribute to each Applicable Lender its Pro Rata Share (or its other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by an the Agent later than the after such time specified in CLAUSE (X) or (Y) above, as applicable, shall be deemed (for purposes of calculating interest only) to have been received on the following Business Day, Day and any applicable interest shall continue to accrue.
(b) Whenever Subject to the provisions set forth in the definition of “LIBOR Interest Period” and “BA Equivalent Interest Period”, whenever any payment is due on a day other than a Business Day, such payment shall be made due on the following Business Day (unless, in the case of a payment with respect to an Offshore Rate Loan, such following Business Day is the first Business Day of a calendar month, in which event such payment shall be made on the preceding Business Day), and such extension of time shall in such case be included in the computation of interest or fees, as the case may be.
(c) Unless the Applicable Agent receives notice from the Applicable Borrower prior to the date on which any payment is due to the Lenders (or any of them) that such Borrower will not make such payment in full as and when required, such Agent may assume that such Borrower has made such payment in full to such Agent on such date in Same Day Funds and such Agent may (but shall not be required to), in reliance upon such assumption, distribute to each Applicable Lender on such date the amount then due such Lender. If and to the extent the Applicable Borrower has not made such payment in full to such Agent, each Applicable Lender shall repay to such Agent on demand such amount distributed to such Lender, together with interest thereon at (i) in the case of a payment in Canadian Dollars, the Canadian Cost of Funds Rate, and (ii) 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.
Appears in 1 contract
Samples: Credit Agreement (Gibson Energy ULC)
Payments by the Borrowers. (a) All payments to be made by the Borrowers Company shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein (including in Section 11.10), all payments by the Company shall be made to the Administrative Agent for the account of the U.S. Lenders at the Administrative Agent’s Office, and shall be made in U.S. Dollars and in immediately available funds, no later than 12:00 noon (Chicago time) on the date specified herein. The Administrative Agent will promptly distribute to each U.S. Lender its U.S. Pro Rata Share (or other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by the Administrative Agent later than 12:00 noon (Chicago time) shall be deemed to have been received on the following Business Day and any applicable interest or fee shall continue to accrue.
(b) All payments to be made by the Canadian Borrower shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers Canadian Borrower shall be made to the Applicable Canadian Agent for the account of the Canadian Lenders at the applicable Canadian Agent’s Payment Office Office, and (i) with respect to principal of, interest on and any other amount relating to any Canadian Dollar Loan, any amount relating to any Bankers' Acceptance or BA Equivalent Note and any fees payable by Parent, shall be made in Canadian Dollars, Dollars and (ii) 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 payments to the U.S. Agentimmediately available funds, no later than 12:00 noon (Chicago time) on the date specified herein and (y) in the case of payments to the Canadian Agent, no later than 12:00 noon 2:00 p.m. (Toronto time) on the date specified herein. The Applicable Canadian Agent will promptly distribute to each Applicable Canadian Lender its Canadian Pro Rata Share (or its other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by an the Canadian Agent later than the time specified in CLAUSE 2:00 p.m. (XToronto time) or (Y) above, as applicable, shall be deemed to have been received on the following Business Day, Day and any applicable interest or fee shall continue to accrue.
(bc) Whenever any payment is due on a day other than a Business Day, such payment shall be made on the following Business Day (unless, in the case of a payment with respect to an Offshore Rate Eurodollar Loan, such the following Business Day is the first Business Day of a in another calendar month, in which event case such payment shall be made on the preceding Business Day), and such extension of time shall in such case be included in the computation of interest or fees, as the case may be.
(cd) Unless the Applicable Administrative Agent receives notice from the Applicable Company prior to the date on which any payment is due to the U.S. Lenders that the Company will not make such payment in full as and when required, the Administrative Agent may assume that the Company has made such payment in full to the Administrative Agent on such date in immediately available funds and the Administrative Agent may (but shall not be so required), in reliance upon such assumption, distribute to each U.S. Lender on such due date an amount equal to the amount then due such U.S. Lender. If and to the extent the Company has not made such payment in full to the Administrative Agent, each U.S. Lender shall repay to the Administrative Agent on demand such amount distributed to such U.S. Lender, together with interest thereon at the Federal Funds Rate for each day from the date such amount is distributed to such U.S. Lender until the date repaid.
(e) Unless the Canadian Agent receives notice from the Canadian Borrower prior to the date on which any payment is due to the Canadian Lenders (or any of them) that such the Canadian Borrower will not make such payment in full as and when required, such the Canadian Agent may assume that such the Canadian Borrower has made such payment in full to such the Canadian Agent on such date in Same Day Funds immediately available funds and such the Canadian Agent may (but shall not be required toso required), in reliance upon such assumption, distribute to each Applicable Canadian Lender on such due date an amount equal to the amount then due such Canadian Lender. If and to the extent the Applicable Canadian Borrower has not made such payment in full to such the Canadian Agent, each Applicable Canadian Lender shall repay to such the Canadian Agent on demand such amount distributed to such Canadian Lender, together with interest thereon at (i) in the case of a payment in Canadian Dollars, the Canadian Cost of Funds Rate, and (ii) in the case of a payment in U.S. Dollars, the U.S. Federal Funds Rate, in each case Rate for each day from the date such amount is distributed to such Canadian Lender until the date repaid.
Appears in 1 contract
Samples: Credit Agreement (Smith a O Corp)
Payments by the Borrowers. (ai) All payments to be made by the U.S. Borrowers shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the U.S. Borrowers shall be made to the Applicable Agent for the account of the Lenders U.S. Lenders, at the applicable Payment Office account designated by the Agent and (i) with respect to principal of, interest on and any other amount relating to any Canadian Dollar Loan, any amount relating to any Bankers' Acceptance or BA Equivalent Note and any fees payable by Parent, shall be made in Canadian Dollars, Dollars and (ii) 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 payments to the U.S. Agentimmediately available funds, no later than 12:00 noon 1:00 p.m. (Chicago time) on the date specified herein and (y) in the case of payments to the Canadian Agent, no later than 12:00 noon (Toronto New York time) on the date specified herein. The Applicable Agent will promptly distribute to each Applicable Lender its Pro Rata Share (or its other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by an the Agent later than the after such time specified in CLAUSE (X) or (Y) above, as applicable, shall be deemed (for purposes of calculating interest only) to have been received on the following Business DayDay and any applicable interest shall continue to accrue.
(ii) All payments to be made by the Canadian Borrower shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Canadian Borrower shall be made to the Canada Branch of the Agent for the account of the Canadian Lenders and/or Participating Lenders, as applicable, at the account in Canada designated by the Agent acting through its Canada Branch and shall be made in Canadian Dollars or Dollars, as applicable, and in immediately available funds, no later than 1:00 p.m. (New York time) (noon (New York time) in the case of payments required to be made in Dollars) on the date specified herein. Any payment received by the Canada Branch of the Agent after such time shall be deemed (for purposes of calculating interest only) to have been received on the following Business Day and any applicable interest shall continue to accrue.
(b) Whenever Subject to the provisions set forth in the definition of "LIBOR Interest Period" and "BA Equivalent Interest Period", whenever any payment is due on a day other than a Business Day, such payment shall be made due on the following Business Day (unless, in the case of a payment with respect to an Offshore Rate Loan, such following Business Day is the first Business Day of a calendar month, in which event such payment shall be made on the preceding Business Day), and such extension of time shall in such case be included in the computation of interest or fees, as the case may be.
(c) Unless the Applicable Agent receives notice from the Applicable Borrower prior to the date on which any payment is due to the Lenders (or any of them) that such Borrower will not make such payment in full as and when required, such Agent may assume that such Borrower has made such payment in full to such Agent on such date in Same Day Funds and such Agent may (but shall not be required to), in reliance upon such assumption, distribute to each Applicable Lender on such date the amount then due such Lender. If and to the extent the Applicable Borrower has not made such payment in full to such Agent, each Applicable Lender shall repay to such Agent on demand such amount distributed to such Lender, together with interest thereon at (i) in the case of a payment in Canadian Dollars, the Canadian Cost of Funds Rate, and (ii) 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.
Appears in 1 contract
Samples: Credit Agreement (Gentek Inc)
Payments by the Borrowers. (a) All payments to be made by the Borrowers each Borrower shall be made without set-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the Borrowers Company shall be made to the Applicable Agent for the account of the Lenders Facility A Domestic Banks or the Facility B Banks, as the case may be, at the applicable Agent's Payment Office Office, and (i) all payments by Medis shall be made to the Canadian Administrative Agent for the account of the Facility A Canadian Banks at the Canadian Administrative Agent's Payment Office, and, with respect to principal of, interest on on, and any other amount amounts relating to any Canadian Dollar Loanto, any amount relating to any Facility A Canadian Loan or the Bankers' Acceptance or BA Equivalent Note and any fees payable by ParentFacility, shall be made in Canadian Dollars, and (ii) and, with respect to all other amounts payable hereunder, shall be made in U.S. Dollars. Such payments shall be made in Same Day Funds immediately available funds, and (xi) in the case of payments to the U.S. Agent, no later than 12:00 noon (Chicago time) on the date specified herein and (y) in the case of payments to the Facility A Canadian AgentLoan payments, no later than 12:00 noon (Toronto time) on the dates specified herein, and (ii) in the case of any Dollar payments, no later than 12:00 noon (San Francisco time) on the date specified herein. The Applicable Agent will promptly distribute to each Applicable Lender Facility A Domestic Bank, Facility A Canadian Bank or Facility B Bank, as applicable, its Facility A Pro Rata Share or Facility B Pro Rata Share, as applicable, (or its other applicable share as expressly provided herein) of such payment in like funds as received. Any payment received by an the Agent later than 12:00 noon (San Francisco time), or by the time specified in CLAUSE Canadian Administrative Agent later than 12:00 noon (XToronto time) or (Y) above, as applicable, shall be deemed to have been received on the following Business Day, Day and any applicable interest or fee shall continue to accrue.
(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 following Business Day (unless, in the case of a payment with respect to an Offshore Rate Loan, such following Business Day is the first Business Day of a calendar month, in which event such payment shall be made on the preceding Business Day), and such extension of time shall in such case be included in the computation of interest or fees, as the case may be.
(c) Unless the Applicable Agent receives notice from the Applicable a Borrower prior to the date on which any payment is due to the Lenders (or any of them) Banks that such Borrower will not make such payment in full as and when required, such the Applicable Agent may assume that such Borrower has made such payment in full to such the Applicable Agent on such date in Same Day Funds immediately available funds and such the Applicable Agent may (but shall not be required toso required), in reliance upon such assumption, distribute to each Applicable Lender Bank on such due date an amount equal to the amount then due such LenderBank. If and to the extent the Applicable such Borrower has not made such payment in full to such the Applicable Agent, each Applicable Lender Bank shall repay to such the Applicable Agent on demand such amount distributed to such LenderBank, together with interest thereon at (i) the Federal Funds Rate or, in the case of a payment in Canadian Dollars, the Overnight Canadian Cost of Funds Rate, and (ii) 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 Bank until the date repaid.
Appears in 1 contract
Samples: Credit Agreement (McKesson Hboc Inc)