Common use of Payments; Computations and Statements Clause in Contracts

Payments; Computations and Statements. (a) The Borrower will make each payment under this Agreement 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, in the manner set forth in clause (b) below. All payments received after 12:00 noon (New York City time) on any Business Day will be credited on the next succeeding Business Day. All payments shall be made by the Borrower without set-off, counterclaim, deduction or other defense to the Agent and the Lenders. 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 shall be made by the 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 Agent of an interest payment amount or fees hereunder shall be rebuttably presumed to be accurate, in the absence of manifest error.

Appears in 3 contracts

Samples: Senior Convertible Loan Agreement (Value City Department Stores Inc /Oh), Senior Loan Agreement (Retail Ventures Inc), Senior Loan Agreement (DSW Inc.)

AutoNDA by SimpleDocs

Payments; Computations and Statements. (a) The Borrower Borrowers will make each payment under this Agreement not later than 12:00 noon 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, in to the manner set forth in clause (b) below. All payments received after 12:00 noon (New York City time) on any Business Day will be credited on the next succeeding Business DayAdministrative Agent’s Account. All payments shall be made by the Borrower Borrowers without set-off, counterclaim, recoupment, deduction or other defense to the Agent Agents and the Lenders, except as otherwise permitted by Section 2.09. After receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the Lenders in accordance with their 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 per annum fees 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 payment amount rate or fees hereunder shall be rebuttably presumed to be accurate, conclusive and binding for all purposes in the absence of manifest error.

Appears in 2 contracts

Samples: Financing Agreement (Cherokee Inc), Financing Agreement (Cherokee Inc)

Payments; Computations and Statements. (a) The Borrower Borrowers will make each payment under this Agreement 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, in the manner set forth in clause (b) below. All payments received after 12:00 noon (New York City time) on any Business Day will be credited on the next succeeding Business Day. All payments shall be made by the Borrower Borrowers without set-off, counterclaim, deduction or other defense to the Agent and the Lenders. 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 shall be made by the 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 Agent of an interest payment amount or fees hereunder shall be rebuttably presumed to be accurate, in the absence of manifest error.are

Appears in 1 contract

Samples: Financing Agreement (Value City Department Stores Inc /Oh)

AutoNDA by SimpleDocs

Payments; Computations and Statements. (a) The Borrower Borrowers will make each payment under this Agreement not later than 12:00 noon (New York City time) on the day when due, in lawful money of the United States of America Dollars and in immediately available funds, in to the manner set forth in clause (b) belowLoan Account. All payments received by the Lender after 12:00 noon (New York City time) on any Business Day will be credited to the Loan Account on the next succeeding Business Day. All Subject to Section 2.07, all payments shall be made by the Borrower Borrowers without set-off, counterclaim, recoupment, deduction or other defense (other than payment in full) to the Agent and the LendersLender. 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 shall be made by the Agent Lender 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 Agent Lender of an interest payment amount rate or fees hereunder shall be rebuttably presumed to be accurate, conclusive and binding for all purposes in the absence of manifest error.

Appears in 1 contract

Samples: Credit Agreement (Roivant Sciences Ltd.)

Time is Money Join Law Insider Premium to draft better contracts faster.