Payments; Computations and Statements. The Borrowers will make each payment under this Agreement not later than 1:00 p.m. (New York City time) on the day when due, in lawful money of the United States of America and in immediately available funds, to the Payment Office. All payments received by the Administrative Agent after 1:00 p.m. (New York City time) on any Business Day may, in the Administrative Agent’s discretion, be deemed received on the next succeeding Business Day. All payments shall be made by the Borrowers without set-off, counterclaim, recoupment, deduction or other defense to the Agents and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payable. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 2 contracts
Samples: Financing Agreement (Unique Logistics International, Inc.), Financing Agreement (Unique Logistics International, Inc.)
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 p.m. 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, to the Payment OfficeAdministrative Agent’s Accounts. All payments received by the Administrative Agent after 1:00 p.m. 12:00 noon (New York City time) on any Business Day may, in will be credited to the Administrative Agent’s discretion, be deemed received Loan Account on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense (other than the defense of payment-in-full) to the Agents and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement, provided that the Administrative Agent will cause to be distributed all interest and fees received from or for the account of the Borrower not less than once each month and in any event promptly after receipt thereof. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payabledays. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 2 contracts
Samples: Financing Agreement (Beachbody Company, Inc.), Financing Agreement (Beachbody Company, Inc.)
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 p.m. 11:00 AM (New York City time) on the day when due, in lawful money of the United States of America and in immediately available funds, to the Payment OfficeAdministrative Agent’s Account. All payments received by the Administrative Agent after 1:00 p.m. 11:00 AM (New York City time) on any Business Day may, in the Administrative Agent’s discretion, will be deemed received credited on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense to the Agents and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payabledays. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error. It is understood and agreed to by the Loan Parties and the Lenders that the Administrative Agent and the Collateral Agent shall not be required to advance any of their own funds for any purpose whatsoever hereunder or under any other Loan Document.
Appears in 1 contract
Samples: Financing Agreement (Wheeler Real Estate Investment Trust, Inc.)
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 p.m. 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, to the each Lender at its Payment Office. All payments received by the Administrative Agent a Lender after 1:00 p.m. 12:00 noon (New York City time) on any Business Day may, in will be credited against the Administrative Agent’s discretion, be deemed received applicable Obligation on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense to the Agents Collateral Agent and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be, except in the case of any LIBOR Rate Loan as otherwise provided in the definition of “Interest Period”. All computations of fees and interest shall be made by the Administrative Agent Lenders on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payable. Each determination by the Administrative Agent Lenders of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Payments; Computations and Statements. The Borrowers will make each payment under this Agreement the Loan not later than 1:00 p.m. (New York, New York City time) on the day when due, in lawful money of the United States of America and in immediately available funds, to the Payment OfficeAgent at the Agent’s Account. All payments received by the Administrative Agent after 1:00 p.m. (New York, New York City time) on any Business Day may, in will be credited to the Administrative Agent’s discretion, be deemed received Account on the next succeeding Business Day. All payments shall be made by the Borrowers without defense, set-off, counterclaim, recoupment, deduction off or other defense counterclaim to the Agents Agent and the Lenders. Except as provided in Section 2.02, after After receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, 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 Borrowers not less than once each month and in any event promptly after receipt thereof. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 three hundred and sixty (360) days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payable. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive presumptive evidence of such rates and binding fees for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/)
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 p.m. 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, to the each Lender at its Payment Office. All payments received by the Administrative Agent a Lender after 1:00 p.m. 12:00 noon (New York City time) on any Business Day may, in will be credited against the Administrative Agent’s discretion, be deemed received applicable Obligation on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense to the Agents Collateral Agent and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be, except in the case of any LIBOR Rate Loan as otherwise provided in the definition of "Interest Period". All computations of fees and interest shall be made by the Administrative Agent Lenders on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payable. Each determination by the Administrative Agent Lenders of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 p.m. 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, to the Payment OfficeAdministrative Agent’s Account. All payments received by the Administrative Agent after 1:00 p.m. 12:00 noon (New York City time) on any Business Day may, in the Administrative Agent’s discretion, will be deemed received credited on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense to the Agents and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payabledays. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Financing Agreement (Wheeler Real Estate Investment Trust, Inc.)
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 p.m. (New York City time) on the day when due, in lawful money of the United States of America and in immediately available funds, to the Payment OfficeAdministrative Agent's Account. All payments received by the Administrative Agent after 1:00 p.m. (New York City time) on any Business Day may, in will be credited to the Administrative Agent’s discretion, be deemed received Loan Account on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense to the Agents and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement, provided that the Administrative Agent will cause to be distributed all interest and fees received from or for the account of the Borrower not less than once each month and in any event promptly after receipt thereof. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payable. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Financing Agreement (Ezcorp Inc)
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 p.m. 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, to the Payment OfficeAgent's Account. All payments received by the Administrative Agent after 1:00 p.m. 12:00 noon (New York City time) on any Business Day may, in will be credited to the Administrative Agent’s discretion, be deemed received Loan Account on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense to the Agents Agent and the Lenders. Except as provided in Section 2.02, after receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, 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 Borrower not less than once each month and in any event promptly after receipt thereof. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payable. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Samples: Term Loan Agreement (Anchor Glass Container Corp /New)
Payments; Computations and Statements. The Borrowers Borrower will make each payment under this Agreement not later than 1:00 3:00 p.m. (New York City time) on the day Business Day when due, in lawful money of the United States of America and in immediately available funds, to the Payment OfficeAgent’s Account. All payments received by the Administrative Agent after 1:00 3:00 p.m. (New York City time) on any Business Day may, in will be credited to the Administrative Agent’s discretion, be deemed received Account on the next succeeding Business Day. All payments shall be made by the Borrowers Borrower without set-off, counterclaim, recoupment, deduction or other defense to the Agents Agent and the Lenders. Except as provided in Section 2.02, after After receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the applicable Lenders in accordance with their applicable Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Xxxxxxx and Borrower hereby authorize Agent to, and Agent may (but shall have no obligation to), from time to time, charge the Agent’s Account of Borrower with any amount due and payable by Borrower under any Loan Document. Any amount charged to the Agent’s Account of Borrower shall be deemed Obligations hereunder. Whenever any payment to be made under any such Loan 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 interest or fees, as the case may be. All computations of fees and interest shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such fees are payabledays. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.error.
Appears in 1 contract
Samples: Financing Agreement