Payments by Xxxxxxx Sample Clauses

Payments by Xxxxxxx. Except as otherwise provided in the Collateral Custodian Fee Letter, any amounts required to be paid pursuant to this Agreement by the Pledgor shall be paid or caused to be paid by the Pledgor to the applicable Person on the Payment Date following such Person’s demand therefor in accordance with Section 2.7 or 2.8, as applicable, of the Loan Agreement; provided that such demand is made no later than two Business Days prior to the applicable Payment Date. The Securities Intermediary acknowledges that all such amounts, including any amounts payable pursuant to Sections 4(i) and 5(a) and (b) herein, shall be payable solely from available funds in accordance with Section 2.7 or Section 2.8 of the Loan Agreement. In the event that the Pledgor fails to pay any amount on the date when due under this Agreement solely by reason of the limitation on the payment of such amounts set forth in the Loan Agreement or because sufficient funds are not then available to pay such amounts in accordance with Section 2.7 or Section 2.8 of the Loan Agreement, the Pledgor shall not be deemed to have failed to pay such amount (and a default shall not be deemed to have occurred hereunder as the result thereof) and the Securities Intermediary will continue to serve in such capacity hereunder.
Sample 1
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Payments by Xxxxxxx. (a) U.S. Federal or State Income Tax Adjustments-Pre Distribution Date ------------------------------------------------------------------ Taxable Periods. To the extent that any IRS Adjustment or similar adjustment by --------------- a state tax authority of a Tax Return filed by a member of the Xxxxxx Group that includes any part of the Xxxxxxx Business for taxable periods beginning before the Distribution Date 1.) results in a Tax Benefit to any member of the Xxxxxxx Group, or 2.) results in additional Taxes to Baxter and is attributable solely to Xxxxxxx failure to provide timely sufficient documentation under Section 4.03 of this Agreement, Xxxxxxx shall pay Baxter the amount of such Tax Benefit or additional Taxes as the case may be. Where any such adjustment is attributable solely to Xxxxxxx failure to provide timely documentation pursuant to the request of the IRS or any state tax authority, Xxxxxxx shall also pay Baxter any interest, penalties, or additions to tax attributable to such adjustment (per Section 3.02(a)(2)). The amount of such Tax Benefit shall be determined in good faith by Baxter, after consulting with Xxxxxxx. (b.) U.S. Federal or State Income Tax Adjustments- Post Distribution --------------------------------------------------------------- Date Taxable Periods. To the extent that any IRS Adjustment or similar -------------------- adjustment by a state tax authority of a Tax Return filed by a member of the Xxxxxx Group for taxable periods ending after the Distribution Date results in a Tax Benefit to any member of the Xxxxxxx Group. Xxxxxxx shall pay Baxter the amount of such Tax Benefit. The amount of such Tax Benefit shall be determined in good faith by Baxter, after consulting with Xxxxxxx.
Sample 1
Payments by Xxxxxxx 
Sample 1

Related to Payments by Xxxxxxx

  • Assignments by Xxxxxxx Any Lender may at any time assign to one or more assignees all or a portion of its rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans at the time owing to it); provided that any such assignment shall be subject to the following conditions:

  • Sharing of Payments by Xxxxxxx If any Lender of a Class shall, by exercising any right of set-off or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of its Loans, or participations in LC Disbursements or Swingline Loans, of such Class resulting in such Lender receiving payment of a greater proportion of the aggregate amount of its Loans, and participations in LC Disbursements and Swingline Loans, and accrued interest thereon of such Class then due than the proportion received by any other Lender of such Class, then the Lender receiving such greater proportion shall purchase (for cash at face value) participations in the Loans, and participations in LC Disbursements and Swingline Loans, of other Lenders of such Class to the extent necessary so that the benefit of all such payments shall be shared by the Lenders of such Class ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Loans, and participations in LC Disbursements and Swingline Loans of such Class; provided that (i) if any such participations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations shall be rescinded and the purchase price restored to the extent of such recovery, without interest, and (ii) the provisions of this paragraph shall not be construed to apply to any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans or participations in LC Disbursements to any assignee or participant, other than to the Borrower or any Subsidiary or Affiliate thereof (as to which the provisions of this paragraph shall apply). The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation. For the avoidance of doubt, the Borrower may make a Borrowing under the Dollar Commitments or Multicurrency Commitments (if otherwise permitted hereunder) and may use the proceeds of such Borrowing (x) with Dollar Commitments to prepay the Multicurrency Loans (without making a ratable prepayment of the Dollar Loans) or (y) with Multicurrency Commitments to prepay the Dollar Loans (without making a ratable payment to the Multicurrency Loans).

  • Payments by Wire-Transfer All payments under this Single Family Shared-Loss Agreement shall be made by wire-transfer in accordance with the wire-transfer instructions on Exhibit 4.

  • Payments by Agent (a) The following provisions shall apply to all payments made by the Agent to the Lenders hereunder:

  • Payment of Other Taxes by Xxxxxxxx The Borrower shall timely pay to the relevant Governmental Authority in accordance with Applicable Law, or at the option of the Administrative Agent timely reimburse it for the payment of, any Other Taxes.

  • Payments to Xxxxxx In connection with the distribution of shares of the Fund, Xxxxxx will be entitled to receive: (a) payments pursuant to any Distribution Plan and Agreement from time to time in effect between the Fund and Xxxxxx with respect to the Fund or any particular class of shares of the Fund, (b) any contingent deferred sales charges applicable to the redemption of shares of the Fund or of any particular class of shares of the Fund, determined in the manner set forth in the then current Prospectus and Statement of Additional Information of the Fund and (c) subject to the provisions of Section 3 below, any front-end sales charges applicable to the sale of shares of the Fund or of any particular class of shares of the Fund, less any applicable dealer discount.

  • Payments by Assignor Assignor agrees to pay the Agent on the Assignment Date the registration fee required by §18.2 of the Credit Agreement.

  • Payments by Borrower Except to the extent otherwise provided herein, all payments of principal, interest, Fees and other amounts to be made by the Borrower under this Agreement, the Notes or any other Loan Document shall be made in Dollars, in immediately available funds, without setoff, deduction or counterclaim (excluding Taxes required to be withheld pursuant to Section 3.10), to the Administrative Agent at the Principal Office, not later than 1:00 p.m. Central time on the date on which such payment shall become due (each such payment made after such time on such due date to be deemed to have been made on the next succeeding Business Day). Subject to Section 11.5, the Borrower shall, at the time of making each payment under this Agreement or any other Loan Document, specify to the Administrative Agent the amounts payable by the Borrower hereunder to which such payment is to be applied. Each payment received by the Administrative Agent for the account of a Lender under this Agreement or any Note shall be paid to such Lender by wire transfer of immediately available funds in accordance with the wiring instructions provided by such Lender to the Administrative Agent from time to time, for the account of such Lender at the applicable Lending Office of such Lender. Each payment received by the Administrative Agent for the account of the Issuing Bank under this Agreement shall be paid to the Issuing Bank by wire transfer of immediately available funds in accordance with the wiring instructions provided by the Issuing Bank to the Administrative Agent from time to time, for the account of the Issuing Bank. In the event the Administrative Agent fails to pay such amounts to such Lender or the Issuing Bank, as the case may be, within one (1) Business Day of receipt of such amounts, the Administrative Agent shall pay interest on such amount until paid at a rate per annum equal to the Federal Funds Rate from time to time in effect. If the due date of any payment under this Agreement or any other Loan Document would otherwise fall on a day which is not a Business Day such date shall be extended to the next succeeding Business Day and interest shall continue to accrue at the rate, if any, applicable to such payment for the period of such extension.

  • Payments by Borrowers (i) Except as otherwise expressly provided herein, all payments by Borrowers shall be made to Agent’s Account for the account of the Lender Group and shall be made in immediately available funds, no later than 1:30 p.m. on the date specified herein. Any payment received by Agent later than 1:30 p.m. shall be deemed to have been received (unless Agent, in its sole discretion, elects to credit it on the date received) on the following Business Day and any applicable interest or fee shall continue to accrue until such following Business Day.

  • Compensation of Xxxxx Xxxxx For the services, payments and facilities to be furnished hereunder by Xxxxx Xxxxx, Xxxxx Xxxxx shall be entitled to receive from the Trust the compensation described on Appendix A hereto.

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