Payments by the Borrowers. 5.26.1 All payments made by or on behalf of a Borrower pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s Applicable Percentage of the Credit; (b) repayments of principal in accordance with each Lender’s Applicable Percentage of the Credit; or (c) all other payments received by the Agent including amounts received on the realization of Security, in accordance with each Lender’s Applicable Percentage of the Credit except that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations. 5.26.2 If the Agent does not distribute a Lender’s share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s share of the amount received by the Agent from the Borrowers and not so distributed, multiplied by (iii) fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from any payment hereunder as required by Applicable Law.
Appears in 3 contracts
Sources: Credit Agreement (ATS Corp /ATS), Third Amending Agreement (ATS Corp /ATS), Second Amending Agreement (ATS Corp /ATS)
Payments by the Borrowers. 5.26.1 (a) All payments made by or on behalf of a Borrower the Borrowers pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.276.17), the Agent shall distribute:
(a) payments of interest in accordance with each Lender’s Applicable Percentage of the Credit;
(bi) repayments of principal in accordance with each Lender’s 's Applicable Percentage of the Credit; or
(cii) all other payments received by the Agent including amounts received on the realization enforcement of SecurityGuarantees, in accordance with each Lender’s 's Applicable Percentage of the Credit except that with respect to proceeds of realizationenforcement, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations.
5.26.2 (b) If the Agent does not distribute a Lender’s 's share of a payment made by a Borrower the Borrowers to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s 's share of the amount received by the Agent from the Borrowers either Borrower and not so distributed, multiplied by (iii) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any payment hereunder as required by Applicable Law.
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Payments by the Borrowers. 5.26.1 All (1) Except as otherwise specified in this Agreement, all payments made by or on behalf of a Borrower pursuant to this Agreement the Borrowers shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.279.18), the Agent shall distribute:
(a) payments of interest in accordance with each Lender’s Applicable Percentage of the relevant Credit;
(b) repayments of principal in accordance with each Lender’s Applicable Percentage of the relevant Credit; or
(c) all other payments received by the Agent Agent, including amounts received on the realization of Security, pro rata on the sum of the Obligations and the Other Guaranteed Obligations in accordance with each Lender’s Applicable Percentage of the relevant Credit in the case of the Obligations and in accordance with each Lender’s proportionate interest in the case of Other Guaranteed Obligations, except that with respect to proceeds of realization, no Lender shall receive an amount proceeds of realization in excess of the amounts Obligations or Other Guaranteed Obligations owing to it in respect of the Obligationsit, as applicable.
5.26.2 (2) If the Agent does not distribute a Lender’s share of a payment made by a Borrower the Borrowers to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (ia) the Interbank Reference Rate per annum multiplied by (iib) the Lender’s share of the amount received by the Agent from the Borrowers and not so distributeddistributed to the Lender, multiplied by (iiic) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such the Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any payment hereunder as required by Applicable Law.
(3) The Agent may debit accounts, credits and other balances maintained by the Borrowers from time to time with the Agent or its Affiliates to facilitate or otherwise obtain payment of interest, fees and other Obligations owing by the Borrowers.
Appears in 1 contract
Payments by the Borrowers. 5.26.1 All payments made by or on behalf of a Borrower the Borrowers pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27Sections 8.1 and 8.29), the Agent shall distribute:
(a) payments of interest in accordance with each Lender’s 's Applicable Percentage of the relevant Credit;
(b) repayments of principal in accordance with each Lender’s 's Applicable Percentage of the relevant Credit; or
(c) all other payments received by the Agent including amounts received on upon the realization of Security, in accordance with each Lender’s 's Applicable Percentage of the relevant Credit except provided, however, that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations.
5.26.2 . If the Agent does not distribute a Lender’s 's share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s 's share of the amount received by the Agent from the Borrowers Borrower and not so distributed, multiplied by (iii) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any such payment hereunder as required by Applicable Lawlaw.
Appears in 1 contract
Payments by the Borrowers. 5.26.1 All payments made by or on behalf of a Borrower the Borrowers pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27but not limited to Sections 8.1 and 12.5), the Agent shall distribute:
(a) payments of interest in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the relevant Credit;
(b) repayments of principal in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the relevant Credit; or
(c) all other payments received by the Agent including including, without limitation, amounts received on upon the realization of Security, in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the relevant Credit except provided, however, that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations.
5.26.2 . [Note: Section amended by Fourth Amending Agreement] If the Agent does not distribute a Lender’s 's share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s 's share of the amount received by the Agent from the Borrowers Borrower and not so distributed, multiplied by (iii) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any such payment hereunder as required by Applicable Lawlaw.
Appears in 1 contract
Payments by the Borrowers. 5.26.1 All (1) Except as otherwise specified in this Agreement, all payments made by or on behalf of a Borrower pursuant to this Agreement the Borrowers shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.279.18), the Agent shall distribute:
(a) payments of interest in accordance with each Lender’s Applicable Percentage of the relevant Credit;
(b) repayments of principal in accordance with each Lender’s Applicable Percentage of the relevant Credit; or
(c) all other payments received by the Agent Agent, including amounts received on the realization of Security, in accordance with each Lender’s Applicable Percentage of the Credit relevant Credit, except that with respect to proceeds of realization, no Lender shall receive an amount proceeds of realization in excess of the amounts Obligations owing to it in respect of the Obligationsit.
5.26.2 (2) If the Agent does not distribute a Lender’s share of a payment made by a Borrower the Borrowers to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (ia) the Interbank Reference Rate per annum multiplied by (iib) the Lender’s share of the amount received by the Agent from the Borrowers and not so distributeddistributed to the Lender, multiplied by (iiic) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such the Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any payment hereunder as required by Applicable Law.
(3) The Agent may debit accounts, credits and other balances maintained by the Borrowers from time to time with the Agent or its Affiliates to facilitate or otherwise obtain payment of interest, fees and other Obligations owing by the Borrowers.
Appears in 1 contract
Payments by the Borrowers. 5.26.1 All (1) Except as otherwise provided herein, all payments made by or on behalf of a Borrower pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27Sections 6.18 and 6.20), the Agent shall distribute:
(a) payments of interest in accordance with each Lender’s Applicable Percentage of the CreditCredits;
(b) repayments of principal in accordance with each Lender’s Applicable Percentage of the CreditCredits; or
(c) all other payments received by the Agent including amounts received on upon the realization of Security, in accordance with each Lender’s Applicable Percentage of the Credit except Credits provided, however, that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations.
5.26.2 (2) If the Agent does not distribute a Lender’s share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (ia) the Interbank Reference Rate per annum multiplied by (iib) the Lender’s share of the amount received by the Agent from the Borrowers a Borrower and not so distributed, multiplied by (iiic) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any such payment hereunder as required by Applicable LawLaws.
Appears in 1 contract
Sources: Credit Agreement (Convergys Corp)