We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Payments by the Borrowers Clause in Contracts

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without setoff, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the applicable Borrowers shall be made to the Agent for the account of the Lenders, at the account designated by the Agent, and shall be made in Dollars, Canadian Dollars or any other Alternative Currency, as applicable, and in immediately available funds, no later than 12:00 noon, New York City time, on the date specified herein; provided that if for any reason any Borrower is prohibited by any Requirement of Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Equivalent Amount in Dollars. (b) Any payment received by the Agent after the time set forth in clause (a) above 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. (c) Subject to the provisions set forth in the definition of “Interest Period” and “BA Equivalent Interest Period”, as applicable, whenever any payment is due on a day other than a Business Day, such payment shall be due on the following 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.

Appears in 2 contracts

Sources: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc)

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without setoff, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the applicable Borrowers shall be made to the Agent for the account of the Lenders, at the account designated by the Agent, and shall be made in Dollars, Canadian Dollars or any other Alternative Currency, as applicable, and in immediately available funds, no later than 12:00 noon, New York City time, on the date specified herein; provided that if for any reason any Borrower is prohibited by any Requirement of Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Equivalent Amount in Dollars. (b) Any payment received by the Agent after the time set forth in clause (a) above 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. (c) Subject to the provisions set forth in the definition of “Interest Period” and “BA Equivalent Term ▇▇▇▇▇ Interest Period”, as applicable, whenever any payment is due on a day other than a Business Day, such payment shall be due on the following 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.

Appears in 2 contracts

Sources: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc)

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without setoff, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the applicable Borrowers shall be made to the Agent for the account of the Lenders, at the account designated by the Agent, and shall be made in Dollars, Canadian Dollars or any other Alternative Currency, as applicable, and in immediately available funds, no later than 12:00 noon, New York City time, on the date specified herein; provided that if for any reason any Borrower is prohibited by any Requirement of Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Equivalent Amount in Dollars. (b) Any payment received by the Agent after the time set forth in clause (a) above 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. (c) Subject to the provisions set forth in the definition of “Interest Period” and “BA Equivalent EquivalentTerm ▇▇▇▇▇ Interest Period”, as applicable, whenever any payment is due on a day other than a Business Day, such payment shall be due on the following 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.

Appears in 1 contract

Sources: Credit Agreement (Herc Holdings Inc)

Payments by the Borrowers. (ai) All payments to be made by the Borrowers Canadian Borrower shall be made without setoffset off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the applicable Borrowers Canadian Borrower shall be made to the Agent for the account of the Lenders, Canadian Lenders at the account designated by the Agent, Agent and shall be made in Dollars, Canadian Dollars or any other Alternative CurrencyU.S. Dollars, as applicable, and in immediately available funds, no later than 12:00 noon2:00 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, New York City time, in each case on the date specified herein; provided that if for any reason any Borrower is prohibited by any Requirement of Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Equivalent Amount in Dollars. (b) . Any payment received by the Agent after the such time set forth in clause (a) above 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. (cii) 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 Agent for the account of the U.S. Lenders, at the account designated by the Agent and shall be made in U.S. Dollars and in immediately available funds, no later than 2:00 p.m. (Toronto time) 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. (b) Subject to the provisions set forth in the definition of “LIBOR Interest Period” and “BA Equivalent Interest Period”, as applicable, whenever any payment is due on a day other than a Business Day, such payment shall be due on the following 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.

Appears in 1 contract

Sources: Credit Agreement (Gibson Energy ULC)

Payments by the Borrowers. (a) All payments to be made by the Borrowers shall be made without setoffset-off, recoupment or counterclaim. Except as otherwise expressly provided herein, all payments by the applicable Borrowers shall be made to the Agent for the account of the applicable Lenders, at the account designated by the Agent, Agent and shall be made in Dollars, Dollars (with respect to the U.S. Obligations) and Canadian Dollars or any other Alternative Currency, as applicable, (with respect to the Canadian Obligations) and in immediately available funds, no later than 12:00 noon, noon (New York City time, ) on the date specified herein; provided that if for any reason any Borrower is prohibited by any Requirement of Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Equivalent Amount in Dollars. (b) . Any payment received by the Agent after the such time set forth in clause (a) above 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. (cb) Subject to the provisions set forth in the definition of “Interest Period” and “BA Equivalent Interest Period, as applicable, whenever any payment is due on a day other than a Business Day, such payment shall be due on the following 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) If any LIBOR Loans or Canadian BA Rate Loans are repaid prior to the expiration date of the Interest Period applicable thereto, the applicable Borrowers shall pay to the applicable Lenders the amounts described in Section 4.4.

Appears in 1 contract

Sources: Credit Agreement (Ann Inc.)

AI Assistant