Payments Computations. Unless otherwise expressly provided, all payments by the Borrower pursuant to any Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 12:00 Noon, New York City time, on the date due, in immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower; provided that such payment shall be deemed made timely if made by wire transfer and by such time as an Authorized Representative has advised the Administrative Agent of the applicable Federal Reserve System wire transfer confirmation number. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in immediately available funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (a) of the definition of the term "Interest Period" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.
Payments Computations. (a) The Issuer will make each cash payment under this Agreement and the Sellers’ Secured Notes not later than 12:00 noon (New York City time) on the day when due, in lawful money of the United States of America and in immediately available funds, and freely transferable to the Agent’s Account. All payments received by the Agent after 12:00 noon (New York City time) on any Business Day will be credited to the Sellers’ Secured Note Account on the next succeeding Business Day. All payments shall be made by the Issuer without set-off, counterclaim, deduction or other defense to the Agent and the Holders. Except as provided in Section 4.02(b) and as provided in the Intercreditor Agreements, after receipt of any cash payment, the Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the Holders in accordance with their Pro Rata Shares and like funds relating to the payment of any other amount payable to any Holder to such Holder, in each case to be applied in accordance with the terms of this Agreement, provided that the Agent will cause to be distributed all interest and fees received from or for the account of the Issuer not less than once each month and in any event not more than ten Business Days after receipt thereof. The Holders and the Issuer hereby authorize the Agent to, and the Agent may, from time to time, charge the Sellers’ Secured Note Account of the Issuer with any amount due and payable by the Issuer under any Sellers’ Secured Note Document. Each of the Holders and the Issuer agrees that the Agent shall have the right to make such charges whether or not any Default or Event of Default shall have occurred and be continuing. Any amount charged to the Sellers’ Secured Note Account of the Issuer shall be deemed an Obligation under this Agreement and shall bear interest as provided hereunder as if it had originally been part of the outstanding principal of the Sellers’ Secured Notes. The Holders and the Issuer confirm that any charges which the Agent may so make to the Sellers’ Secured Note Account of the Issuer as herein provided will be made as an accommodation to the Issuer and solely at the Agent’s discretion. Whenever any payment to be made under any such Sellers’ Secured Note Document shall be stated to be due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall in such case be included in the computation of ...
Payments Computations. (a) Unless otherwise expressly provided ---------------------- in this Agreement, all payments by the Borrower pursuant to this Agreement or any other Loan Document, whether in respect of principal or interest, shall be made by the Borrower to the Agent at the Agent's Account without set-off, deduction, or counterclaim, not later than 1:00 P.M., New York time, on the date due, in same day or immediately available funds. Funds received after that time shall be deemed to have been received by the Bank on the next following Business Day. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest or fees ratably (other than amounts payable pursuant to Sections 3.9, 4.4 or 4.5) to the Banks for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Bank to such Bank for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement. Upon any Assuming Bank becoming a Bank hereunder as a result of a Commitment Increase pursuant to Section 2.5, and upon the Agent's receipt of such Bank's Assumption Agreement and recording of the information contained therein in the Register, from and after the applicable Increase Date or Extension Date, as the case may be, the Agent shall make all payments hereunder and under any Notes issued in connection therewith in respect of the interest assumed thereby to the Assuming Bank. Upon its acceptance of an Assignment and Acceptance and recording of the information contained therein in the Register pursuant to Section 10.11(d), from and after the effective date specified in such Assignment and Acceptance, the Agent shall make all payments hereunder and under the Notes in respect of the interest assigned thereby to the Bank assignee thereunder, and the parties to such Assignment and Acceptance shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which fee is payable over a year comprised of 360 days. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition of the term --------- "Interest Per...
Payments Computations. SECTION 6.01. Making of Payments 16 SECTION 6.02. Computations 16 SECTION 6.03. Setoff or Counterclaim 17 ARTICLE VII CONDITIONS PRECEDENT SECTION 7.01. Conditions Precedent to the Loan 17
Payments Computations. (a) The Company shall make each payment of principal and interest under the Securities, irrespective of any right of counterclaim or set-off, not later than 11:00 A.M. (New York City time) on the day when due in U.S. dollars to the Indenture Trustee at the Indenture Trustee's Account by wire transfer in same day funds, with payments being received by the Indenture Trustee after such time being deemed to have been received on the next succeeding Business Day. The Indenture Trustee will thereafter cause like funds to be distributed ratably to each Holder specified in the Security Register on such date for such payment for its account to its Notice Address, in each case in accordance with the terms of this Indenture, not later than 5:00 P.M. (New York City time).
Payments Computations. 9 Section 3.01. Payments......................................................................... 9 Section 3.02. Computations..................................................................... 10
Payments Computations. 18 2.5.1 Making of Payments........................... 18 2.5.2 Computation of Interest...................... 18 2.5.3
Payments Computations. All payments by the Company to WestLB or the Agent required to be made under this Agreement shall be made in lawful currency of the United States by wire transfer of immediately available funds to the offices of The Chase Manhattan Bank, located at One Chase Manhattan Plaza, New York, New York, for the account of Westdeutsche Landesbank Girozentrale, no. 920-0-000000 xxxess WestLB or the Agent, as the case may be, shall otherwise notify the Company in writing. All computations of amounts payable under this Agreement shall be computed, in the case of fees and commissions, on the basis of a year of 360 days and, in the case of interest, on the basis of a year of 365 (or 366, as the case may be) days, in each case for the actual number of days occurring in the period for which such fees, commissions or interest is payable. If any payment required to be made under this Agreement other than those payments required under Sections 2.04, 2.05 and 2.07 becomes due and payable on a day other than a Business Day, the same shall be payable on the next succeeding Business Day, and interest shall be
Payments Computations. Unless otherwise expressly provided in a Loan Document, all payments by the Account Party pursuant to each Loan Document shall be made by the Account Party to the Administrative Agent for the account of the Credit Parties entitled to receive such payment. All payments shall be made without setoff, deduction or counterclaim not later than 3:00 p.m. on the date due in same day or immediately available funds to such account as the Administrative Agent shall specify from time to time by notice to the Account Party. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Credit Party its share, if any, of such payments received by the Administrative Agent for the account of such Credit Party. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days. Payments due on other than a Business Day shall (except as otherwise required by clause (c) of the definition of "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees in connection with that payment.
Payments Computations. Etc. 33 3.01 Payments 33 3.02 Computations 33 3.03 Commitment Fee 33
