Common use of Payments, Computations, Etc Clause in Contracts

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 10 contracts

Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Crescent Capital BDC, Inc.)

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Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.08, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of amounts due to a Lender, to each Lender at such time shall be deemed received Lender’s Account, the details of which appear on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that Lender Supplement for such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsedLender. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 12:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.14, and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the related party. (f) Each Lender agrees or is deemed to agree that, as promptly as practicable after the officer of such Lender responsible for administering its Loans becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Party or that would entitle such Lender to receive payments under Section 2.13 or Section 2.14, it shall, to the extent not inconsistent with its internal policies of general application, use commercially reasonable efforts to minimize costs, expenses and other amounts incurred by it and payable by the Borrower of documentation setting forth such costspursuant to Section 2.13 or Section 2.14, as applicable.

Appears in 9 contracts

Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.), Credit Agreement and Account Control Agreement (Regional Management Corp.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts (other than Advances) not paid or deposited when due hereunder at 2.005.25% per annum above the Prime Rate, payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base RateRate and the Non-Usage Fee, which shall each be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs then due pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance, but excluding the Borrower of documentation setting forth such costsApplicable Spread.

Appears in 8 contracts

Samples: Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.), Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.), Loan and Security Agreement (NMF SLF I, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.004.00% per annum above the Prime Rate, payable on demand, from the date of such nonpayment until such amount is paid in full (as well after as before judgment); provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. Any Obligation hereunder shall not be reduced by any distribution of any portion of Available Funds if at any time such distribution is rescinded or required to be returned by any Lender to the Borrower or any other Person for any reason. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder shall be stated to be due on a day other than a Business Day, such payment shall be made deemed due on the next succeeding Business Day, and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower and approved by the Administrative Agent and the Lenders pursuant to Section 2.2 is not effectuated for any reason whatsoever, except as a result of the gross negligence or willful misconduct of, or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by fund such Advance on the part of, the Lenders, the Administrative Agent)Agent or an Affiliate thereof as determined in a final decision by a court of competent jurisdiction, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by each Lender related thereto (other than any such loss, cost or expense solely due to the applicable Lendergross negligence or willful misconduct or failure to fund such Advance on the part of the Lenders, the Administrative Agent or an Affiliate thereof as determined in a final decision by a court of competent jurisdiction), including, without limitation, any lossloss (including cost of funds and reasonable out-of-pocket expenses but excluding lost profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund Advances or maintain the Advances. Any such Advance upon receipt by Lender shall provide to the Borrower of documentation setting forth the amounts of any loss, cost or expense referred to in the previous sentence, such costsdocumentation to be conclusive absent manifest error.

Appears in 8 contracts

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited to the Deal Agent, the Lenders, the Backup Servicer, the Collateral Agent or the Servicer by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds to the applicable account specified on Schedule VIII hereto or such other account as the applicable Person may designate from time to time in writing to the Borrower, the Servicer and any the Collateral Agent at least three (3) Business Days prior to the day on which such payment or deposit is due. Any amounts received in the account of the Person entitled to such amount not received before such time after 11:00 a.m. (New York City time) shall be deemed to be received on the next subsequent Business Day. The Borrower shall, to the extent permitted by law, pay to the applicable Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00a rate of 3.0% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and all computations of Interest and other fees hereunder and under the Fee Letter shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance the Revolving Loan requested by the Borrower for any Funding Date is not made or effectuated as for any reason other than a result of the Lender’s failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)honor its obligations hereunder, as the case may be, on the date specified thereforrequested Funding Date, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsFunding.

Appears in 7 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.005.25% per annum above the Prime Rate, payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base RateRate and the Non-Usage Fee, which shall each be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs then due pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance, but excluding the Borrower of documentation setting forth such costsApplicable Spread.

Appears in 6 contracts

Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Administrative Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States dollars in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Administrative Agent the Loans, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Administrative Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Daybasis of actual number of days elapsed over a year of 360 days, and such extension of time shall in such case be included in the except with respect to computation of the payment interest on Base Rate Loans which shall be calculated based on a year of Interest 365 or any fee payable hereunder366 days, as the case may beappropriate. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and Interest shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 6 contracts

Samples: 364 Day Credit Agreement (Autozone Inc), 364 Day Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City, New York time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002.0% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.122.9(a)(8) or Section 2.10(a)(8), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of Seller and approved by the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by Purchasers and the Administrative Agent), pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchasers against any reasonable loss, cost or expense incurred by the applicable Lender, Purchasers including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each applicable Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City, New York time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002.0% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.122.9(a)(11) or Section 2.10(a)(11), as applicable (the parties hereto acknowledging that the Turbo Period has commenced on the Turbo Effective Date), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of Seller and approved by the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by Purchasers and the Administrative Agent), pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchasers against any reasonable loss, cost or expense incurred by the applicable Lender, Purchasers including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each applicable Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.08, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of amounts due to a Lender, to each Lender at such time shall be deemed received Lender’s Account, the details of which appear on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid Class A Lender Supplement or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 daysClass B Lender Supplement, as applicable) , for the actual number of days elapsedsuch Lender. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 12:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.14, and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the related party. (f) Each Lender agrees or is deemed to agree that, as promptly as practicable after the officer of such Lender responsible for administering its Loans becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Party or that would entitle such Lender to receive payments under Section 2.13 or Section 2.14, it shall, to the extent not inconsistent with its internal policies of general application, use commercially reasonable efforts to minimize costs, expenses and other amounts incurred by it and payable by the Borrower of documentation setting forth such costspursuant to Section 2.13 or Section 2.14, as applicable.

Appears in 5 contracts

Samples: Credit Agreement (Regional Management Corp.), Omnibus Amendment (Regional Management Corp.), Credit Agreement (Regional Management Corp.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer on behalf of the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account, in the case of amounts owed to the Administrative Agent, and any amount not received before to the account designated in writing to the Borrower or the Servicer by each Managing Agent, each Lender or such time shall be deemed received on other payee thereof, in the next Business Daycase of amounts owed to such Lender or such other payee thereof. The Borrower shall, to the extent permitted by law, pay to the Secured Parties Parties, without duplication, interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above a rate of interest equal to the Prime then applicable Interest Rate and, if not paid within three (3) Business Days, at the Default Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullwithout duplication. (c) If All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on account of any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative AgentTaxes), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 4 contracts

Samples: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount not the Deal Agent shall distribute such amounts actually received before such time by it to the Persons entitled thereto no later than 2:00 p.m. (Charlotte, North Carolina time). Any amounts received in the Agent’s Account after 11:00 a.m. (Charlotte, North Carolina time) shall be deemed to be received on the next subsequent Business Day and the Deal Agent shall distribute such amounts to the Persons entitled thereto no later than 2:00 p.m. (Charlotte, North Carolina time) on such next subsequent Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.003.0% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and all computations of Yield and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Yield, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any the Advance requested by the Borrower for any Funding Date and approved by a Lender and the Deal Agent pursuant to Section 2.1 and Section 2.3, is not made or effectuated as a result for any reason other than the failure of the failure Lender or the Deal Agent to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)honor its obligations hereunder, as the case may be, on the date specified thereforrequested Funding Date, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsFunding.

Appears in 4 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Administrative Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States dollars in immediately available funds and funds, without setoff, deduction, counterclaim or withholding of any amount kind, at the Administrative Agent's office specified in Section 11.1 not later than 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Administrative Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Administrative Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Daybasis of actual number of days elapsed over a year of 360 days, and such extension of time shall in such case be included in the except with respect to computation of interest on Base Rate Loans which (unless the payment Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of Interest 365 or any fee payable hereunder366 days, as the case may beappropriate. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and Interest shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 4 contracts

Samples: Credit Agreement (Navigant International Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Administrative Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States dollars in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, at the Administrative Agent's office specified in Section 11.1 not later than 2:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Administrative Agent the Loans, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Administrative Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Daybasis of actual number of days elapsed over a year of 360 days, and such extension of time shall in such case be included in the except with respect to computation of interest on Base Rate Loans which (unless the payment Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of Interest 365 or any fee payable hereunder366 days, as the case may beappropriate. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and Interest shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (United Dominion Realty Trust Inc), 364 Day Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (United Dominion Realty Trust Inc)

Payments, Computations, Etc. (a) Unless Each payment on account of an amount due from the Borrower hereunder or under any other Credit Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment as provided herein in the currency in which such amount is denominated and in such funds as are customary at the place and time of payment for the settlement of international payments in such currency. Without limiting the terms of the preceding sentence, accrued interest on any Loans denominated in a Foreign Currency shall be payable in the same Foreign Currency as such Loan. Upon request, the Administrative Agent will give the Borrower a statement showing the computation used in calculating such amount, which statement shall be conclusive in the absence of manifest error. The obligation of the Borrower to make each payment on account of such amount in the currency in which such amount is denominated shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, which is expressed in or converted into any other currency, except to the extent such tender or recovery shall result in the actual receipt by the Administrative Agent of the full amount in the appropriate currency payable hereunder. The Borrower agrees that its obligation to make each payment on account of such amount in the currency in which such amount is denominated shall be enforceable as an additional or alternative claim for recovery in such currency of the amount (if any) by which such actual receipt shall fall short of the full amount of such currency payable hereunder, and shall not be affected by judgment being obtained for such amount. (b) Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited in accordance with made to the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States Administrative Agent in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, not later than 2:00 P.M. (local time in the place where such payment is required to be made pursuant to this subsection (b)) on the date when due, to the account specified on Schedule 3.17(b) or at such other place as may be designated by the Administrative Agent to the Borrower in writing. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. In the event that Borrower desires to make any payments hereunder by wire transfer initiated outside of the United States that is originated by any Person other than the Borrower, the Borrower shall provide the Administrative Agent with one Business Day’s prior written notice containing the name, address, telephone and facsimile numbers of the wire transfer originator and the originator’s relationship to the Borrower. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Administrative Agent the Loans, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Secured Parties interest Lenders subject to the terms of Section 3.15(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Administrative Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of LIBOR Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Daybasis of actual number of days elapsed over a year of 360 days, and such extension of time shall in such case be included in the except with respect to computation of the payment interest on Base Rate Loans which shall be calculated based on a year of Interest 365 or any fee payable hereunder366 days, as the case may beappropriate. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and Interest shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 4 contracts

Samples: Multi Year Revolving Credit Agreement (Nucor Corp), Multi Year Revolving Credit Agreement (Nucor Corp), 364 Day Revolving Credit Agreement (Nucor Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount not the Deal Agent shall distribute such amounts actually received before such time by it to the Persons entitled thereto no later than 2:00 p.m. (New York City time). Any amounts received in the Agent’s Account after 11:00 a.m. (New York City time) shall be deemed to be received on the next subsequent Business Day and the Deal Agent shall distribute such amounts to the Persons entitled thereto no later than 2:00 p.m. (New York City time) on such next subsequent Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.003.00% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and all computations of Interest and other fees hereunder and under the Fee Letter shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance the Revolving Loan requested by the Borrower for any Funding Date is not made or effectuated as a result of for any reason other than the Lender’s failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)honor its obligations hereunder, as the case may be, on the date specified thereforrequested Funding Date, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by the Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsFunding.

Appears in 4 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that (i) such interest rate shall not at any time exceed the maximum rate permitted by Applicable LawLaw and (ii) such additional interest shall not accrue unless an Event of Default then exists. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Collateral Manager’s or the Borrower’s actions or failure to fulfill any condition under Section 3.2 3.2, (other than any condition that which, in the case of the Collateral Manager, is waived by solely within the Administrative Agent), control of the Collateral Manager) as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 3 contracts

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer on behalf of the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Dayfunds. The Borrower shall, to the extent permitted by lawlaw and, in accordance with the Priority of Payments, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder (including Subordinate Interest and Fees or other payments, the payment of which is deferred in accordance with the Priority of Payments by reason of insufficient Available Collections) at 2.00% the rate per annum above set forth in the Prime RateLenders Fee Letter, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 days for the actual number of days (other than calculations with respect to including the Base Rate, which first but excluding the last day) elapsed; provided that any computations of the Interest Rate using the Prime Rate shall be based made on the basis of a year consisting of 365 or days (or, in the case of an accrual period which occurs in a leap year, 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 reflected in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt; provided, to however, that if the extent that Available Funds are insufficient on any preceding extension results in a Payment Date to satisfy the full amount in respect of any Increased Costs pursuant Accrual Period occurring later than otherwise scheduled, Interest in respect of the following Accrual Period shall not begin to Section 2.12, accrue until the date to which such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullPayment Date is extended. (c) If All payments hereunder shall be made in accordance with the Priority of Payments and without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on account of any Advance requested Taxes). (d) The Paying Agent shall distribute funds received by it for the account of other Persons entitled thereto (including such Paying Agent for its own account) as promptly as practicable after such receipt and in any event on the same Business Day on which such funds are received, if such receipt occurs no later than 3:00 p.m. (New York City time), and otherwise on the next succeeding Business Day, in accordance (where applicable) with the Priority of Payments. (e) Neither the Borrower is not effectuated as a result nor the Servicer shall be accountable or liable for any use or application of any amounts paid to the failure to fulfill Paying Agent or any condition under Section 3.2 (other than any condition that is waived by Lender in accordance with the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsTransaction Documents.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Sellers or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Sellers shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to clause SEVENTH of Section 2.122.10, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any the Advance requested by a Seller on the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Closing Date and approved by the Administrative Agent)applicable Purchaser and the Purchaser Agents is not, for any reason made or effectuated, as the case may be, on the date specified thereforClosing Date, whichever of the Collateral Manager or the Borrower is at fault, such Person Sellers shall jointly and severally indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the initial Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the initial Servicer, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateDefault Rate upon written notice of same, as applicable, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower pursuant to Section 2.2 is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender Lenders against any reasonable direct loss, cost or expense actually incurred by the applicable Lendersuch Lenders, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 3 contracts

Samples: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.07, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of amounts due to a Lender, to each Lender at such time shall be deemed received Lender’s Account, the details of which appear on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that Lender Supplement for such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsedLender. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 12:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.13, and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the related party. (f) Each Lender agrees or is deemed to agree that, as promptly as practicable after the officer of such Lender responsible for administering its Loans becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Party or that would entitle such Lender to receive payments under Section 2.12 or Section 2.13, it shall, to the extent not inconsistent with its internal policies of general application, use commercially reasonable efforts to minimize costs, expenses and other amounts incurred by it and payable by the Borrower of documentation setting forth such costspursuant to Section 2.12 or Section 2.13, as applicable.

Appears in 3 contracts

Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.122.9(a)(10) or Section 2.10(a)(9), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Seller and approved by the Administrative Agent)applicable Purchaser and the Purchaser Agents, pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount not the Deal Agent shall distribute such amounts actually received before such time by it to the Persons entitled thereto no later than 2:00 p.m. (Charlotte, North Carolina time). Any amounts received in the Agent’s Account after 11:00 a.m. (Charlotte, North Carolina time) shall be deemed to be received on the next subsequent Business Day and the Deal Agent shall distribute such amounts to the Persons entitled thereto no later than 2:00 p.m. (Charlotte, North Carolina time) on such next subsequent Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.003.0% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and all computations of Yield and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Yield, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any the Advance requested by the Borrower for any Funding Date and approved by a Lender, its Liquidity Agent and the Deal Agent pursuant to Section 2.1 and Section 2.3, is not effectuated as a result of the failure to fulfill for any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)reason made or effectuated, as the case may be, on the date specified thereforrequested Funding Date, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsFunding.

Appears in 3 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corporation), Loan and Security Agreement (Credit Acceptance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided hereinprovided, all amounts to be paid or deposited payments by the Borrower hereunder pursuant to this Agreement, the Notes or any other Loan Document shall be paid made by the Borrower to the Agent for the pro rata account of the Lenders entitled to receive such payment. (b) All such payments required to be made to the Agent shall be made, without setoff, deduction or deposited counterclaim, by means of wire transfer to be initiated (i) in accordance with the terms hereof no case of Loans denominated in Dollars, not later than 3:00 p.m. 11:00 a.m. (New York City time) and (ii) in the case of Loans denominated in a currency other than Dollars, not later than the time reasonably specified by the Agent, in each case on the date due, in same day when due in lawful money of the United States in or immediately available funds and any amount not received before funds, in the applicable currency, to such account as the Agent shall specify from time to time by notice to the Borrower. Funds for which the wire transfer was initiated after the times specified in the preceding sentence shall be deemed to have been received by the Agent on the next succeeding Business Day. The Borrower shallAgent shall promptly remit in same day funds, in the applicable currency, to each Lender its share, if any, of such payments received by the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be Agent for the account of such Lender. (c) Subject to the applicable Secured Party. All computations calculation of interest provided in the definition of “Associated Costs”, all interest and other fees hereunder shall be made computed on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (bincluding the first day but excluding the last day) Whenever occurring during the period for which such interest or fees is payable over a year comprised of 360 days (or, in the case of interest on Base Rate Loans, 365 days or, if appropriate, 366 days). whenever any payment hereunder to be made shall be stated to otherwise be due on a day other than which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition of the term “Interest Period”) be made on the next succeeding Business Day, Day and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, computing interest in connection with such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullpayment. (cd) If any Advance requested by Each Lender will use its best efforts to notify the Borrower is not effectuated of any event that will entitle such Lender to compensation or reimbursement (including on a prospective basis) pursuant to Article IV hereof (including pursuant to Sections 4.5 and 4.6), as a result of promptly as practicable after it obtains knowledge thereof, but the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by give such notice shall not impair the Administrative Agent), as the case may be, on the date specified therefor, whichever right of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund receive compensation or maintain such Advance upon receipt reimbursement under this Section. (e) Each Lender shall determine the applicability of, and the amount due under, Article IV hereof (including Sections 4.5 and 4.6) consistent with the manner in which it applies similar provisions and calculates similar amounts payable to it by the Borrower of documentation setting forth such costsother borrowers having in their credit agreements provisions comparable to those contained in Article IV.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (McCormick & Co Inc), 364 Day Credit Agreement (McCormick & Co Inc), Revolving Credit Agreement (McCormick & Co Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (New York, New York Time) on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before such time to the Administrative Agent’s account. Except as otherwise provided in Section 2.6, the Borrower shall be deemed received on instruct the next Business Day. The Borrower shallAccount Bank to, to the extent permitted by law, pay to the Secured Parties each Lender, interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime applicable Interest Rate, payable on demand; provided provided, however, that such interest rate Interest Rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Maximum Lawful Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, or (ii) is received after 2:00 p.m. (New York, New York Time) such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Draw requested by the Borrower Trust Administrator, on behalf of the Borrower, and approved by the Lenders pursuant to Section 2.1 is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)made or effectuated, as the case may be, due to the Borrower’s failure to satisfy, or continue to satisfy, the conditions to fund such Draw set forth in Section 2.1(a) on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable each Lender against any reasonable loss, cost or expense incurred by the applicable each such Lender, includingincluding the carrying costs of any funds raised by the Lenders in connection with such request until such funds can be redeployed (net of anticipated profits in the reemployment of such funds in the manner determined by such Lender, without limitation, but specifically excluding any lossloss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable each such Lender to fund or maintain such Advance upon receipt Draw. (d) All payments hereunder shall be made without set-off or counterclaim. (e) To the extent that (i) any Person makes a payment to the Borrower, the Servicer, the Collateral Custodian, the Account Bank or any Lender or the Administrative Agent or (ii) the Borrower, the Servicer, the Collateral Custodian, the Account Bank or any Lender or the Administrative Agent receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or United States federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Borrower of documentation setting forth Borrower, the Servicer, the Collateral Custodian, the Account Bank or such costsLender or the Administrative Agent, as the case may be.

Appears in 2 contracts

Samples: Loan and Security Agreement (Carvana Co.), Loan and Security Agreement (Carvana Co.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on to the next Business DayAgent’s Account. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.001% per annum above the Prime applicable Interest Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be retained by the Deal Agent except to the extent that such failure to make a timely payment or deposit has continued beyond the date for distribution by the Deal Agent of such overdue amount to the Secured Parties, in which case such interest accruing after such date shall be for the account of of, and distributed by the applicable Deal Agent, to the Secured PartyParties. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower and approved by the Lender and the Deal Agent pursuant to Section 2.2, is not for any reason made or effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived due to willful misconduct by the Administrative Lender or the Deal Agent), as the case may be, ) on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by the Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 2 contracts

Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to clause EIGHTH of Section 2.122.9(a) or clause NINTH of Section 2.10, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Seller and approved by the Administrative Agent)applicable Purchaser and the Purchaser Agents pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 A.M. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on to the next Business DayAgent's Account. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties Purchaser interest on all amounts not paid or deposited when due hereunder at 2.001% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Lawapplicable law. Such interest shall be retained by the Deal Agent except to the extent that such failure to make a timely payment or deposit has continued beyond the date for distribution by the Deal Agent of such overdue amount to the Purchasers, in which case such interest accruing after such date shall be for the account of of, and distributed by the applicable Secured PartyDeal Agent to the Purchasers. All computations of interest and all computations of Yield and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Yield, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Purchase or Incremental Purchase requested by the Borrower Seller and approved by a Purchaser and the Deal Agent pursuant to Section 2.2, is not effectuated as not, for any reason whatsoever related to a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived default or nonperformance by the Administrative Agent)Seller, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable LenderPurchaser, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by the Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by Purchase or Incremental Purchase, as the Borrower of documentation setting forth case may be, during such costsMonthly Period.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Fidelity Leasing Inc), Receivables Purchase Agreement (Resource America Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.07, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of amounts due to a Lender, to each Lender at such time shall be deemed received Xxxxxx’s Account, the details of which appear on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that Lender Supplement for such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsedLender. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 12:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.13, and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the related party. (f) Each Lender agrees or is deemed to agree that, as promptly as practicable after the officer of such Lender responsible for administering its Loans becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Party or that would entitle such Lender to receive payments under Section 2.12 or Section 2.13, it shall, to the extent not inconsistent with its internal policies of general application, use commercially reasonable efforts to minimize costs, expenses and other amounts incurred by it and payable by the Borrower of documentation setting forth such costspursuant to Section 2.12 or Section 2.13, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States dollars in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, at the Agent's office specified in Schedule 2.1(a) not later than 4:00 P.M. (Charlotte, North Carolina time) on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Agent the Loans, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Daybasis of actual number of days elapsed over a year of 360 days, and such extension of time shall in such case be included in the except with respect to computation of interest on Base Rate Loans which (unless the payment Base Rate is determined by reference to the Federal Funds Rate) shall be calculated based on a year of Interest 365 or any fee payable hereunder366 days, as the case may beappropriate. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and Interest shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 2 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all All amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall may be deemed by the Administrative Agent to have been received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002.0% per annum above the Prime Base Rate (other than with respect to any Advances Outstanding, which shall accrue at the Interest Rate), payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. Any Aggregate Unpaids hereunder shall not be reduced by any distribution of any portion of Collections if at any time such distribution is rescinded or required to be returned by any Lender to the Borrower or any other Person for any reason. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.122.8(a)(1), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a2.11(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower's actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable LenderLender (other than any such loss, cost or expense solely due to the gross negligence or willful misconduct or failure to fund such Advance on the part of the Lenders, the Administrative Agent or an Affiliate thereof), including, without limitation, any lossloss (including cost of funds and reasonable out-of-pocket expenses), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance. Any such Lender shall provide to the Borrower of documentation setting forth the amounts of any loss, cost or expense referred to in the previous sentence, such costsdocumentation to be conclusive absent manifest error.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer on behalf of the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 12:00 p.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before to each Lender’s Account of the Lenders entitled to such time shall be deemed received on the next Business Dayamounts. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, and in the case of any amounts not paid or deposited under any Hedging Agreement, interest at the “rate” specified in the applicable Hedging Agreement, in each case, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) days for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If To the extent permitted under Applicable Law, all payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on account of any Advance requested by Taxes). Promptly following the Borrower is not effectuated as a result of Collection Date, the failure Agent and each Lender (or any agent acting on any Lender’s behalf) shall xxxx each applicable Variable Funding Note “Paid” and return it to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsBorrower.

Appears in 2 contracts

Samples: Loan Funding and Servicing Agreement (Kohlberg Capital CORP), Loan Funding and Servicing Agreement (Kohlberg Capital CORP)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (New York City, New York time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002.0% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.122.9(a)(8) or Section 2.10(a)(8), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Seller and approved by the Administrative Agent)applicable Purchaser and the Purchaser Agents, pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Investment Manager to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City Time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Investment Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to To the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Advance. (d) If at any time after the Closing Date, the Advances outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such purchases and sales of interests in the Advances outstanding between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances Outstanding based on their Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares of the Lenders from time to time party to this Agreement as provided herein. (e) If the Administrative Agent disagrees with the computation of any amounts to be paid or deposited by the Borrower or the Investment Manager under Section 2.7 or Section 2.8 or otherwise pursuant to this Agreement, or upon its respective instructions, it shall so notify the Borrower, the Investment Manager and the Collateral Custodian in writing and in reasonable detail to identify the specific disagreement. If such disagreement cannot be resolved within two (2) Business Days, the determination of documentation setting forth the Administrative Agent as to such costsamounts shall be conclusive and binding on the parties hereto absent manifest error. In the event the Collateral Custodian or the Account Bank receives instructions from the Investment Manager or the Borrower which conflict with any instructions received by the Administrative Agent, the Collateral Custodian or the Account Bank, as applicable, shall rely on and follow the instructions given by the Administrative Agent.

Appears in 2 contracts

Samples: Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder shall be stated to be due on a day other than a Business Day, such payment shall be made deemed due on the next succeeding Business Day, and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Collateral Manager’s or the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)) (which, in the case of the Collateral Manager, is solely within the control of the Collateral Manager) as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 2 contracts

Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Security Agreement (Stepstone Private Credit Fund LLC)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City Time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to To the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) at the Interest Rate until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by applicable to the Administrative Agent)Borrower, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, including any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Advance. (d) If at any time after the Effective Date, the Advances Outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such purchases and sales of interests in the Advances Outstanding between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances Outstanding based on their Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares, of the Lenders from time to time party to this Agreement as provided herein. (e) In the event the Collateral Custodian receives instructions from the Collateral Manager or the Borrower which conflict with any instruction received by the Borrower of documentation setting forth such costsAdministrative Agent, the Collateral Custodian shall rely on and follow the instructions given by the Administrative Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (KKR FS Income Trust), Loan and Security Agreement (KKR FS Income Trust)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Borrowers or the initial Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower Borrowers or the initial Servicer, as applicable, shall, to the extent permitted by law, pay to the Administrative Agent (for the benefit of the applicable Secured Parties Parties) interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateDefault Rate upon written notice of same, as applicable, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan is requested by the Borrower Borrowers pursuant to Section 2.2 and is not effectuated as a result of the a Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the applicable Borrower is at fault, such Person shall indemnify the applicable Lender Lenders against any reasonable direct loss, cost or expense actually incurred by the applicable Lendersuch Lenders, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsLoan.

Appears in 2 contracts

Samples: Revolving Credit Agreement (CLST Holdings, Inc.), Revolving Credit Agreement (CLST Holdings, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder (after giving effect to all grace periods) at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to To the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) at the Interest Rate until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by applicable to the Administrative Agent)Borrower, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, to the extent reasonable and documented (other than lost profits and any such loss, cost or expenses due to the gross negligence, bad faith, fraud or willful misconduct of any Lender (as determined by a court of competent jurisdiction in a final, non-appealable judgment)), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance. Any such Lender shall provide to the Borrower of documentation setting forth the amounts of any loss, cost or expense referred to in the previous sentence. (d) If at any time after the Effective Date, the Advances Outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such costspurchases and sales of interests in the Advances Outstanding between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances Outstanding based on their Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares, of the Lenders from time to time party to this Agreement as provided herein. (e) In the event the Collateral Custodian receives instructions from the Collateral Manager or the Borrower which conflict with any instruction received by the Administrative Agent, the Collateral Custodian shall rely on and follow the instructions given by the Administrative Agent. (f) The Collateral Manager shall instruct the Collateral Custodian, no later than the Determination Date immediately preceding each Payment Date, to convert amounts on deposit in the applicable Collection Account from an Approved Foreign Currency into Dollars to the extent necessary to make the payments contemplated hereunder on the related Payment Date (as determined by the Collateral Manager using the Applicable Conversion Rate). All risks and expenses incident to such conversion are the responsibility of the Borrower, and the Collateral Custodian shall have (x) no responsibility for fluctuations in exchange rates affecting any Collections or conversion thereof and (y) to the extent it complies with the instructions provided by the Collateral Manager, no liability for any losses incurred or resulting from the rates obtained in such foreign exchange transactions.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts (other than Advances) not paid or deposited when due hereunder at 2.005.25% per annum above the Prime Rate, payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall each be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs then due pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Advance, but excluding the Applicable Spread. (d) Any and all payments made by the Borrower under the Transaction Documents shall be made in Dollars. Any Collections on deposit in the Principal Collection Account denominated in EUR or in GBP (or in such other currencies as may be agreed to by the Collateral Agent, the Administration Agent and the Borrower) may be converted by the Collateral Agent as directed (which direction may be in the form of documentation setting forth an email and may be a standing direction) by (i) prior to the occurrence of a Default, Event of Default or Collateral Manager Default, the Collateral Manager and (ii) on or after the occurrence of a Default, Event of Default or Collateral Manager Default, the Administrative Agent into Dollars on any Business Day (other than a Payment Date) pursuant to the definition of “USD Equivalent”. All risks and expenses incident to such costsconversion are the responsibility of the Borrower and the Collateral Agent shall have no responsibility for fluctuations in exchange rates affecting any Collections or conversion thereof and no liability for any losses incurred or resulting from the rates obtained in such foreign exchange transactions.

Appears in 2 contracts

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Payments, Computations, Etc. (a) a. Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City Time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) b. Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to To the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) at the Interest Rate until repaid in full. (c) c. If any Loan Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by applicable to the Administrative Agent)Borrower, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, including any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Loan Advance. d. If at any time after the Effective Date, the Advances Outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such purchases and sales of interests in the Advances Outstanding between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances Outstanding based on its Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares, of the Lenders from time to time party to this Agreement as provided herein. e. [Reserved]. f. In the event the Collateral Custodian receives instructions from the Collateral Manager or the Borrower which conflict with any instruction received by the Borrower of documentation setting forth such costsAdministrative Agent, the Collateral Custodian shall rely on and follow the instructions given by the Administrative Agent.

Appears in 2 contracts

Samples: Loan, Security and Collateral Management Agreement (AG Twin Brook Capital Income Fund), Loan, Security and Collateral Management Agreement (AGTB Private BDC)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States Dollars in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, at the Agent's office specified in Schedule 2.1(a) not later than 2:00 P.M. (Cincinnati, Ohio time) on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Agreement, specify to the extent permitted Agent the Loans, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Cincinnati, Ohio time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and Fees shall be made on the next succeeding Business Day, and such extension basis of time shall in such case be included in the computation actual number of the payment days elapsed over a year of Interest 360 days (or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)365 or 366 days, as the case may be, in the case of Facility Fees and Base Rate Loans based on the Prime Rate). Interest shall accrue from and include the date specified thereforof borrowing, whichever but shall exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 2 contracts

Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of of, and distributed to, the applicable Secured PartyLender. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Distribution Date to satisfy the full amount of any Increased Costs pursuant to clause SIXTH of Section 2.122.10(a) or clause SIXTH of Section 2.11(a), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived and approved by the Lender and the Administrative Agent)Agent pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender and each Affected Party against any reasonable loss, cost or expense incurred by the applicable Lender, Lender and each Affected Party including, without limitation, Breakage Costs and any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by the Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 2 contracts

Samples: Secured Loan and Servicing Agreement (NewStar Financial, Inc.), Secured Loan and Servicing Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Investment Manager to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City Time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Investment Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to To the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Advance. (d) If at any time after the Closing Date, the Advances outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such purchases and sales of interests in the Advances outstanding between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances [Investcorp] Loan and Security Agreement Outstanding based on their Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares of the Lenders from time to time party to this Agreement as provided herein. (e) If the Administrative Agent disagrees with the computation of any amounts to be paid or deposited by the Borrower or the Investment Manager under Section 2.7 or Section 2.8 or otherwise pursuant to this Agreement, or upon its respective instructions, it shall so notify the Borrower, the Investment Manager and the Collateral Custodian in writing and in reasonable detail to identify the specific disagreement. If such disagreement cannot be resolved within two (2) Business Days, the determination of documentation setting forth the Administrative Agent as to such costsamounts shall be conclusive and binding on the parties hereto absent manifest error. In the event the Collateral Custodian receives instructions from the Investment Manager or the Borrower which conflict with any instructions received by the Administrative Agent, the Collateral Custodian shall rely on and follow the instructions given by the Administrative Agent.

Appears in 1 contract

Samples: Loan, Security and Investment Management Agreement (Investcorp Credit Management BDC, Inc.)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States dollars in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, at the Agent's office specified in Schedule 2.1(a) not --------------- later than 2:00 P.M. Central time on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.13(a)). The Agent will distribute such payments to such Lenders, if any such payment is received prior to 1:00 P.M. Central time on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Day, and such extension basis of time shall in such case be included in the computation actual number of the payment days elapsed over a year of 360 days. Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 1 contract

Samples: Credit Agreement (Engineered Support Systems Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all All amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. on the day when due in lawful money of the United States or in such other Eligible Currency in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Servicer, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002.0% per annum above the Prime Base Rate (other than with respect to any Advances Outstanding, which shall accrue at the Interest Rate), payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. Any Aggregate Unpaids hereunder shall not be reduced by any distribution of any portion of Collections if at any time such distribution is rescinded or required to be returned by any Lender to the Borrower or any other Person for any reason. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.122.7(4) and Section 2.8(a)(1), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a2.11(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable LenderLender (other than any such loss, cost or expense solely due to the gross negligence or willful misconduct or failure to fund such Advance on the part of the Lenders, the Lender Agents, the Administrative Agent or an Affiliate thereof), including, without limitation, any lossloss (including cost of funds and reasonable and documented out-of-pocket expenses), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance. Any such Lender shall provide to the Borrower of documentation setting forth the amounts of any loss, cost or expense referred to in the previous sentence, such costsdocumentation to be conclusive absent manifest error.

Appears in 1 contract

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States Dollars in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, at the Agent's office specified in SCHEDULE 2.1(a) not later than 2:00 P.M. (Cincinnati, Ohio time) on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Agreement, specify to the extent permitted Agent the Loans, Fees, interest or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Cincinnati, Ohio time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and Fees shall be made on the next succeeding Business Day, and such extension basis of time shall in such case be included in the computation actual number of the payment days elapsed over a year of Interest 360 days (or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)365 or 366 days, as the case may be, in the case of Facility Fees and Base Rate Loans based on the Prime Rate). Interest shall accrue from and include the date specified thereforof borrowing, whichever but shall exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided hereinAll payments by Borrower of principal of, or interest on, Loans, and all amounts to be paid or deposited by the Borrower hereunder payments of Commitment Fees shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States made in immediately available funds and any amount not received before such time by Borrower. (b) Interest on all Loans shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made computed on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed(including the first day but excluding the last day) occurring during the period for which such interest is payable, over a year comprised of 360 days. (bc) Whenever any payment hereunder to be made shall be stated to otherwise be due on a day other than which is not a Business Day, such payment shall be made on the next succeeding Business Day, Day and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereundercomputing interest, as the case may be. For avoidance of doubtif any, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, in connection with such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullpayment. (cd) If All payments made by Borrower or any Advance requested by Guarantor to the Borrower is not effectuated as a result Bank under this Agreement and the Notes shall be made without any setoff or counterclaim, and free and clear of, and without deduction for or on account of, any present or future income, excise and other taxes of the failure to fulfill any condition under Section 3.2 whatever nature (other than any condition that is waived by taxes generally assessed on net income of the Administrative Agent)Bank, as the case may be, on by the date specified therefor, whichever government or other authority of the Collateral Manager jurisdiction in which the Bank has its principal office or the Borrower is at faultlocated), or any levies, imposts, duties, charges or fees of any nature now or hereafter imposed by any governmental or other authority (herein collectively called "Taxes"). If Borrower is compelled by law to make any such deductions or withholdings, it will pay such additional amounts as may be necessary in order that the net amount received by the Bank after such deductions or withholdings (including any required deduction or withholding on such additional amounts) shall equal the amount such payee would have received had no such deductions or withholdings been made, and it will promptly provide the Bank with evidence satisfactory to the Bank that it has paid such deductions or withholdings. Moreover, if any Taxes are directly assessed against the Bank, such Person payee may pay such Taxes and Borrower shall indemnify promptly pay such additional amount as may be necessary in order that the applicable Lender against net amount received by such payee after the payment of such Taxes (including any reasonable loss, cost or expense incurred by Taxes on such additional amount) shall equal the applicable Lender, including, without limitation, amount such payee would have received had no such Taxes been assessed. The provisions of this clause (d) shall survive any loss, cost or expense incurred by reason termination of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such coststhis Agreement.

Appears in 1 contract

Samples: Loan Agreement (United Air Specialists Inc /Oh/)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Issuer or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before to accounts maintained by the Class B Note Purchasers as shown on Schedule 1 hereto, or such other accounts designated from time shall be deemed received on to time by the next Business DayClass B Note Purchasers. The Borrower Issuer shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder Class B Note Purchasers Default Interest at 2.00% per annum above the Prime RateOverdue Rate as provided in the Indenture; provided, payable on demand; provided however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Partylaw. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Funding or Incremental Funding requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Issuer and approved by the Administrative Agent)Class B Note Purchasers pursuant to Section 2.04, is not, for any reason whatsoever related to a default or nonperformance by the Issuer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Issuer shall indemnify the applicable Lender Class B Note Purchasers against any reasonable loss, cost or expense incurred by the applicable LenderClass B Note Purchasers, including, without limitation, any lossloss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Class B Note Purchasers to fund or maintain such Advance upon receipt by Funding or Incremental Funding, as the Borrower of documentation setting forth case may be, during such costsInterest Accrual Period.

Appears in 1 contract

Samples: Class B Note Purchase Agreement (Willis Lease Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Issuer or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before to an account maintained by the Subclass A-1 Note Purchaser as shown on Schedule 1 hereto, or such other account designated from time shall be deemed received on to time by the next Business DaySubclass A-1 Note Purchaser. The Borrower Issuer shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder Subclass A-1 Note Purchaser Default Interest at 2.00% per annum above the Prime RateOverdue Rate as provided in the Indenture; provided, payable on demand; provided however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Partylaw. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Funding requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Issuer and approved by the Administrative Agent)Subclass A-1 Note Purchaser pursuant to Section 2.04, is not, for any reason whatsoever related to a default or nonperformance by the Issuer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Issuer shall indemnify the applicable Lender Subclass A-1 Note Purchaser against any reasonable loss, cost or expense incurred by the applicable LenderSubclass A-1 Note Purchaser, including, without limitation, any lossloss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Subclass A-1 Note Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth Funding during such costsInterest Accrual Period.

Appears in 1 contract

Samples: Subclass a 1 Note Purchase Agreement (Willis Lease Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Issuer or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before to an account maintained by the Purchaser’s Agent as shown on Schedule 1 hereto, or such other account designated from time shall be deemed received on to time by the next Business DayPurchaser’s Agent. The Borrower Issuer shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder Class A Note Purchaser Default Interest at 2.00% per annum above the Prime RateOverdue Rate as provided in the Indenture; provided, payable on demand; provided however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Partylaw. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Funding or Incremental Funding requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Issuer and approved by the Administrative Agent)Class A Note Purchaser pursuant to Section 2.04, is not, for any reason whatsoever related to a default or nonperformance by the Issuer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Issuer shall indemnify the applicable Lender Class A Note Purchaser against any reasonable loss, cost or expense incurred by the applicable LenderClass A Note Purchaser, including, without limitation, any lossloss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Class A Note Purchaser to fund or maintain such Advance upon receipt by Funding or Incremental Funding, as the Borrower of documentation setting forth case may be, during such costsInterest Accrual Period.

Appears in 1 contract

Samples: Class a Note Purchase Agreement (Willis Lease Finance Corp)

Payments, Computations, Etc. (a) Unless Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited made to the Agent in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States dollars in immediately available funds and funds, without offset, deduction, counterclaim or withholding of any amount kind, at the Agent's office specified in Section 11.1 not later than 12:30 P.M. (San Francisco time) on the date when due. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Borrower Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of any of the Borrowers maintained with the Agent (with notice to the Borrowers). The Borrowers (or any of them) shall, at the time a payment is made under this Credit Agreement, specify to the extent permitted Agent the Loans, LOC Obligations, Fees, interest or other amounts payable by lawthe Borrowers hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Agent shall distribute such payment to the Secured Parties interest Lenders in such manner as the Agent may determine to be appropriate in respect of obligations owing by the Borrowers hereunder, subject to the terms of Section 3.12(a)). The Agent will distribute such payments to such Lenders, if such payment is received on all amounts not paid or deposited when due hereunder at 2.00% per annum above before 12:30 P.M. (San Francisco time) on a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than which is not a Business Day, such payment the due date thereof shall be made on extended to the next succeeding Business DayDay (subject to accrual of interest and Fees for the period of such extension), and such extension of time shall in such case be included except that in the computation case of the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.Eurodollar

Appears in 1 contract

Samples: Credit Agreement (Nova Corp \Ga\)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account or Swingline Purchaser’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to clause SEVENTH of Section 2.122.10(a) or clause SEVENTH of Section 2.11(a), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance or Swingline Advance requested by the Borrower is not effectuated as Seller and approved by the applicable Purchaser or Swingline Purchaser and the Purchaser Agents or, in the case of a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by Swingline Advance, the Administrative Agent), pursuant to Section 2.2 or 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser or the Swingline Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser or the Swingline Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser or the Swingline Purchaser, as applicable), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser or Swingline Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsor Swingline Advance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the initial Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the initial Servicer, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateDefault Rate upon written notice of same, as applicable, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower pursuant to Section 2.2 is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender Lenders against any reasonable direct loss, cost or expense actually incurred by the applicable Lendersuch Lenders (or their related Liquidity Banks), including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sparta Commercial Services, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein--------------------------- provided, all amounts to be paid or deposited payments by the Borrower hereunder pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be paid 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 deposited in accordance with the terms hereof no counterclaim, not later than 3:00 p.m. 12:00 noon, New York City time, on the date due, in same day when due in lawful money or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. The failure of the United States Borrower to make any such payment by such time shall not constitute a Default hereunder, provided that such payment is received by the Administrative Agent in immediately available funds and by 4:00 p.m. on such due date, but any amount not such payment made after 1:00 p.m. on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Obligations unless the Administrative Agent in fact was able to remit to each Lender its pro-rata share of such payment by 4:00 p.m. on such due date. Funds received before such after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Borrower shallAdministrative Agent shall promptly remit in same day funds to each Lender its share, to if any, of such payments received by the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be Administrative Agent for the account of the applicable Secured Partysuch Lender. All computations of interest and other fees hereunder (including interest on LIBO Rate Loans) shall be made computed on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (bincluding 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 (calculated at other than the Federal Funds Rate) and fees, 365 days or, if appropriate, 366 days). Whenever any payment hereunder to be made shall be stated to otherwise be due on a day other than which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition of the term "Interest Period") be made ---------- on the next succeeding Business Day, Day and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereundercomputing interest and fees, as the case may be. For avoidance of doubtif any, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, in connection with such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullpayment. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 1 contract

Samples: Credit Agreement (Tci Satellite Entertainment Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 10:00 a.m. (New York time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount not the Deal Agent shall distribute such amounts actually received before such time by it to the Persons entitled thereto for receipt no later than 11:00 a.m. (New York time). Any amounts received in the Agent’s Account after 10:00 a.m. (New York time) shall be deemed to be received on the next subsequent Business Day and the Deal Agent shall distribute such amounts to the Persons entitled thereto no later than 11:00 a.m. (New York time) on such next subsequent Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.003.0% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any the Advance requested by the Borrower for any Funding Date and approved by the Lender and the Deal Agent pursuant to Section 2.1 and Section 2.3, is not made or effectuated as a result of for any reason other than the Lender’s failure to fulfill any condition under Section 3.2 honor its obligations hereunder (other than any condition that is waived by the Administrative Agenta “Failed Advance”), as the case may be, on the date specified thereforrequested Funding Date, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against Breakage Costs, any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by the Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain the Funding. as a result of such Failed Advance. In no event shall the indemnity which the Lender is entitled to receive for a Failed Advance upon receipt pursuant to the foregoing sentence exceed the amount of Interest that the Lender would have received had such Failed Advance been made and been outstanding for one Accrual Period, with Interest on the amount of such Failed Advance being determined by application of a per annum interest rate equal to the Borrower of documentation setting forth such costsBase Rate plus 2.0%.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower, the Servicer on behalf of the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 12:00 p.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before to each Lender’s Account of the Lenders entitled to such time shall be deemed received on the next Business Dayamounts. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, and in the case of any amounts not paid or deposited under any Hedging Agreement, interest at the “rate” specified in the applicable Hedging Agreement, in each case, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) days for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on account of any Advance requested by Taxes). Promptly following the Borrower is not effectuated as a result of Collection Date, the failure Agent and each Lender (or any agent acting on any Lender’s behalf) shall xxxx each applicable Variable Funding Note “Paid” and return it to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsBorrower.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account or Swingline Purchaser’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to clause SEVENTH of Section 2.122.10(a) or clause SEVENTH of Section 2.11(a), such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance or Swingline Advance requested by the Borrower is not effectuated as Seller and approved by the applicable Purchaser or Swingline Purchaser and the Purchaser Agents or, in the case of a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by Swingline Advance, the Administrative Agent), pursuant to Section 2.2 or 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser or the Swingline Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser or the Swingline Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser or the Swingline Purchaser, as applicable), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser or Swingline Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsor Swingline Advance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed.59 149194398v7 (b) Whenever any payment hereunder (i) 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, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 3:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of an Agent, a Lender or the Administrative Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent or (ii) the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Borrower of documentation setting forth such costsBorrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent, as the case may be.

Appears in 1 contract

Samples: Loan Agreement (Lithia Motors Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Issuer or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before to an account maintained by the Subclass A-2 Note Purchaser as shown on Schedule 1 hereto, or such other account designated from time shall be deemed received on to time by the next Business DaySubclass A-2 Note Purchaser. The Borrower Issuer shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder Subclass A-2 Note Purchaser Default Interest at 2.00% per annum above the Prime RateOverdue Rate as provided in the Indenture; provided, payable on demand; provided however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Partylaw. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Funding or Incremental Funding requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Issuer and approved by the Administrative Agent)Subclass A-2 Note Purchaser pursuant to Section 2.04, is not, for any reason whatsoever related to a default or nonperformance by the Issuer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Issuer shall indemnify the applicable Lender Subclass A-2 Note Purchaser against any reasonable loss, cost or expense incurred by the applicable LenderSubclass A-2 Note Purchaser, including, without limitation, any lossloss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Subclass A-2 Note Purchaser to fund or maintain such Advance upon receipt by Funding or Incremental Funding, as the Borrower of documentation setting forth case may be, during such costsInterest Accrual Period.

Appears in 1 contract

Samples: Subclass a 2 Note Purchase Agreement (Willis Lease Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m., New York, New York time, on the day when due in lawful money of the United States Dollars in immediately available funds to the account or accounts specified by the Administrative Agent and any amount not received before such time shall be deemed received on Lenders. Except as otherwise provided in Section 2.07, the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties Lender interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Maximum Lawful Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder (i) 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, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 11:00 a.m., New York, New York time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower is not effectuated as and approved by a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by Lender and the Administrative Agent)Agent pursuant to Section 2.01 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Borrower of documentation setting forth such costsrelated party hereto, as the case may be.

Appears in 1 contract

Samples: Investment Agreement (Santander Holdings USA, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.07, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of LEGAL02/42338653v2 amounts due to a Lender, to each Lender at such time shall be deemed received Xxxxxx’s Account, the details of which appear on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that Lender Supplement for such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsedLender. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 12:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.13, and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the related party. (f) Each Lender agrees or is deemed to agree that, as promptly as practicable after the officer of such Lender responsible for administering its Loans becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Party or that would entitle such Lender to receive payments under Section 2.12 or Section 2.13, it shall, to the extent not inconsistent with its internal policies of general application, use commercially reasonable efforts to minimize costs, expenses and other amounts incurred by it and payable by the Borrower of documentation setting forth such costspursuant to Section 2.12 or Section 2.13, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Regional Management Corp.)

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Payments, Computations, Etc. (a) a Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer on behalf of the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Dayfunds. The Borrower shall, to the extent permitted by lawlaw and, in accordance with the Priority of Payments, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder (including payments that are deferred in accordance with the Priority of Payments by reason of insufficient Available Collections) at 2.00% the rate per annum above set forth in the Prime RateLenders Fee Letter, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 days for the actual number of days (other than calculations with respect to including the Base Rate, which first but excluding the last day) elapsed; provided that any computations of the Interest Rate using the Prime Rate shall be based made on the basis of a year consisting of 365 or days (or, in the case of an accrual period which occurs in a leap year, 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) . b Whenever any payment hereunder 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 reflected in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt; provided, to however, that if the extent that Available Funds are insufficient on any preceding extension results in a Payment Date to satisfy the full amount in respect of any Increased Costs pursuant to Section 2.12Accrual Period occurring later than otherwise scheduled, such unpaid amounts shall remain due and owing and shall accrue interest as provided Interest in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result respect of the failure following Accrual Period shall not begin to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on accrue until the date to which such Payment Date is extended. c All payments hereunder shall be made in accordance with the Priority of Payments and without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified therefor, whichever to be paid under this Agreement (after withholding for or on account of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsTaxes).

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as 61 USActive 60440347.7 applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts (other than Advances) not paid or deposited when due hereunder at 2.005.25% per annum above the Prime Rate, payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base RateRate and the Non-Usage Fee, which shall each be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs then due pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance, but excluding the Borrower of documentation setting forth such costsApplicable Spread.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 10:00 a.m. (New York time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount not the Deal Agent shall distribute such amounts actually received before such time by it to the Persons entitled thereto for receipt no later than 11:00 a.m. (New York time). Any amounts received in the Agent’s Account after 10:00 a.m. (New York time) shall be deemed to be received on the next subsequent Business Day and the Deal Agent shall distribute such amounts to the Persons entitled thereto no later than 11:00 a.m. (New York time) on such next subsequent Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.003.0% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any the Advance requested by the Borrower for any Funding Date and approved by the Lender and the Deal Agent pursuant to Section 2.1 and Section 2.3, is not made or effectuated as a result of for any reason other than the Lender’s failure to fulfill any condition under Section 3.2 honor its obligations hereunder (other than any condition that is waived by the Administrative Agenta “Failed Advance”), as the case may be, on the date specified thereforrequested Funding Date, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense Breakage Costs incurred by the applicable LenderLender as a result of such Failed Advance. In no event shall the indemnity which the Lender is entitled to receive for a Failed Advance pursuant to the foregoing sentence exceed the amount of Interest that the Lender would have received had such Failed Advance been made and been outstanding for one Accrual Period, including, without limitation, any loss, cost or expense incurred with Interest on the amount of such Failed Advance being determined by reason application of a per annum interest rate equal to the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsBase Rate plus 2.0%.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. on the day when due in lawful money of the United States in immediately available funds to the applicable Lender Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyLender. All computations of interest Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to the provisions of Section 2.122.10 or Section 2.11, as applicable, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived and approved by the Administrative Agent)applicable Lender and the Lender Agents pursuant to Section 2.3 is not, for any reason, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, Lender including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 1 contract

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the InvestmentCollateral Manager to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City Time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the InvestmentCollateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to To the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Advance. (d) If at any time after the Closing Date, the Advances outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such purchases and sales of interests in the Advances outstanding between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances Outstanding based on their Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares of the Lenders from time to time party to this Agreement as provided herein. (e) If the Administrative Agent disagrees with the computation of any amounts to be paid or deposited by the Borrower or the InvestmentCollateral Manager under Section 2.7 or Section 2.8 or otherwise pursuant to this Agreement, or upon its respective instructions, it shall so notify the Borrower, the InvestmentCollateral Manager and the Collateral Custodian in writing and in reasonable detail to identify the specific disagreement. If such disagreement cannot be resolved within two (2) Business Days, the determination of documentation setting forth the Administrative Agent as to such costsamounts shall be conclusive and binding on the parties hereto absent manifest error. In the event the Collateral Custodian or the Account Bank receives instructions from the InvestmentCollateral Manager or the Borrower which conflict with any instructions received by the Administrative Agent, the Collateral Custodian or the Account Bank, as applicable, shall rely on and follow the instructions given by the Administrative Agent.

Appears in 1 contract

Samples: Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account or Swingline Purchaser’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to clause NINTH of Section 2.122.9(a) or clause TENTH of Section 2.10, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance or Swingline Advance requested by the Borrower is not effectuated as Seller and approved by the applicable Purchaser or Swingline Purchaser and the Purchaser Agents or, in the case of a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by Swingline Advance, the Administrative Agent), pursuant to Section 2.2 or 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser or the Swingline Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser or the Swingline Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser or the Swingline Purchaser, as applicable), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser or Swingline Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsor Swingline Advance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the Agent’s Account and any amount not the Deal Agent shall distribute such amounts actually received before such time by it to the Persons entitled thereto no later than 2:00 p.m. (Charlotte, North Carolina time). Any amounts received in the Agent’s Account after 11:00 a.m. (Charlotte, North Carolina time) shall be deemed to be received on the next subsequent Business Day and the Deal Agent shall distribute such amounts to the Persons entitled thereto no later than 2:00 p.m. (Charlotte, North Carolina time) on such next subsequent Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.003.0% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and all computations of Yield and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Yield, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any the Advance requested by the Borrower for any Funding Date and approved by a Lender, its Liquidity Agent and the Deal Agent pursuant to Section 2.1 and Section 2.3, is not made or effectuated as a result for any reason other than the failure of the failure Lender, the Liquidity Agent or the Deal Agent to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)honor its obligations hereunder, as the case may be, on the date specified thereforrequested Funding Date, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsFunding.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 1:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and to the account or accounts specified on Schedule G hereto or such other accounts as may be specified from time to time by the Administrative Agent or any amount not received before such time shall be deemed received on Lender Group Agent to the next Business DayBorrower or the Servicer. The Except as otherwise provided in Section 2.07, the Borrower shall, to the extent permitted by law, pay to the Secured Parties each Lender interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Default Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Maximum Lawful Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder (i) 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, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 1:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 reason (other than any condition that is waived by the Administrative Agent)gross negligence, bad faith or willful misconduct of such Lender) made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined in a commercially reasonable manner in good faith by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Borrower of documentation setting forth such costsrelated party hereto, as the case may be.

Appears in 1 contract

Samples: Warehouse Agreement (Flagship Credit Corp.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 A.M. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on to the next Business DayAgent's Account. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.001% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Lawapplicable law. Such interest shall be retained by the Deal Agent except to the extent that such failure to make a timely payment or deposit has continued beyond the date for distribution by the Deal Agent of such overdue amount to the Secured Parties, in which case such interest accruing after such date shall be for the account of of, and distributed by the applicable Deal Agent to the Secured PartyParties. All computations of interest and all computations of Yield and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Yield, interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Purchase or Incremental Purchase requested by the Borrower Seller and approved by a Purchaser and the Deal Agent pursuant to Section 2.2, is not effectuated as not, for any reason whatsoever related to a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived default or nonperformance by the Administrative Agent)Seller, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender such Purchaser against any reasonable loss, cost or expense incurred by the applicable Lendersuch Purchaser, including, without limitation, any loss, loss cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender such Purchaser to fund or maintain such Advance upon receipt by Purchase or Incremental Purchase, as the Borrower of documentation setting forth case may be, during such costsMonthly Period.

Appears in 1 contract

Samples: Receivables Purchase Agreement (American Business Financial Services Inc /De/)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Loan Parties or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower Loan Parties or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts (other than the Advances) not paid or deposited when due hereunder at 2.005.25% per annum above the Prime Rate, payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect USActive 56057294.10 to the Base RateRate and the Non-Usage Fee, which shall each be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance, but excluding the Borrower of documentation setting forth such costsApplicable Spread.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City Time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default to the extent required under the definition of “Applicable Spread” hereunder, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to To the extent that Available Funds are insufficient on any Quarterly Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) at the Interest Rate until repaid in full. (c) If any Loan Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by applicable to the Administrative Agent)Borrower, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, including any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Loan Advance. (d) If at any time after the Effective Date, the Advances Outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such purchases and sales of interests in the Advances Outstanding between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances Outstanding based on their Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares, of the Lenders from time to time party to this Agreement as provided herein. (e) The Borrower shall have the option to (i) request that any Loan Advance bear interest at Term SOFR or (ii) continue any Loan Advance that bears interest at Term SOFR as a Loan Advance that bears interest at Term SOFR upon receipt the expiration of the applicable Interest Period and the succeeding Interest Period of that continued Loan Advance shall commence on the last day of the Interest Period of the Loan Advance to be continued. Any such election must be made by no later than 12:00 p.m. (New York City Time) on the third (3rd) U.S. Government Securities Business Day prior to (1) the Interest Period of any proposed Loan Advance that bears interest at Term SOFR, or (2) the end of the Interest Period with respect to any Loan Advance that bears interest at Term SOFR to be continued as such. If no election is received with respect to a Loan Advance that bears interest at Term SOFR by no later than 12:00 p.m. (New York City Time) on the third (3rd) U.S. Government Securities Business Day prior to the end of the Interest Period with respect thereto, such Loan shall be converted to a Loan that bears interest at Daily Simple SOFR at the end of its Interest Period. The Borrower must make such election by notice to Administrative Agent in writing. In the case of any continuation, such election must be made pursuant to a Notice of Continuation, to the Administrative Agent (with a copy to the Collateral Custodian). Notwithstanding the foregoing, at no time shall there be more than six (6) Loan Advances outstanding at such time that bear interest at Term SOFR. (f) In the event the Collateral Custodian receives instructions from the Collateral Manager or the Borrower which conflict with any instruction received by the Borrower of documentation setting forth such costsAdministrative Agent, the Collateral Custodian shall rely on and follow the instructions given by the Administrative Agent.

Appears in 1 contract

Samples: Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

Payments, Computations, Etc. (a) Unless Each payment on account of an amount due from the Borrower hereunder or under any other Credit Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment as provided herein. Upon request, the Administrative Agent will give the Borrower a statement showing the computation used in calculating such amount, which statement shall be conclusive in the absence of manifest error. The obligation of the Borrower to make each payment on account of such amount shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, except to the extent such tender or recovery shall result in the actual receipt by the Administrative Agent of the full amount payable hereunder. The Borrower agrees that its obligation to make each payment on account of such amount shall be enforceable as an additional or alternative claim for recovery of the amount (if any) by which such actual receipt shall fall short of the full amount payable hereunder, and shall not be affected by judgment being obtained for such amount. (b) Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited in accordance with made to the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States Administrative Agent in immediately available funds and funds, without offset, deduction, counterclaim, or withholding of any amount kind, not later than 2:00 P.M. (local time in the place where such payment is required to be made pursuant to this subsection (b)) on the date when due, to the account specified on Schedule 3.17(b) or at such other place as may be designated by the Administrative Agent to the Borrower in writing. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Administrative Agent the Loan, Fees, interest, or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Secured Parties interest Lenders subject to the terms of Section 3.15(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Administrative Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than that is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of a LIBOR Loan, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Daybasis of actual number of days elapsed over a year of 360 days, and such extension of time shall in such case be included in the except with respect to computation of the payment interest on a Base Rate Loan that shall be calculated based on a year of Interest 365 or any fee payable hereunder366 days, as the case may beappropriate. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and Interest shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Universal Corp /Va/)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted Administrative Agent's Account, for further payment by law, pay the Administrative Agent to the Secured Parties interest on all Persons to who such amounts not paid or deposited when are due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsedpayable. (b) Whenever any payment hereunder (i) 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, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 3:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of an Agent, a Lender or the Administrative Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossDB1/ 139452285.4 54 154304283v7 net of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent or (ii) the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Borrower of documentation setting forth such costsBorrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent, as the case may be.

Appears in 1 contract

Samples: Loan Agreement (Lithia Motors Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer on behalf of the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 10:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on to the next Business DayAgent’s Account. The Borrower shall, to the extent permitted by law, pay to the Administrative Agent for the account of the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002.0% per annum above the Prime Alternate Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 365 days (other than calculations with respect to or, in the Base Ratecase of an accrual period which occurs in a leap year, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed; provided that any computations of the Interest Rate or other interest using the CP Rate, the Adjusted Eurodollar Rate or the LIBO Rate shall be made on the basis of a year of 360 days for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 reflected in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt; provided, to however, that if the extent that Available Funds are insufficient on any preceding extension results in a Payment Date to satisfy the full amount in respect of any Increased Costs pursuant Accrual Period occurring later than otherwise scheduled, Interest in respect of the following Accrual Period shall not begin to Section 2.12, accrue until the date to which such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullPayment Date is extended. (c) If All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on account of any Advance requested by Taxes). (d) On or before the Closing Date, the Administrative Agent shall establish and thereafter maintain in its name, with an office or branch of a depository institution or trust company organized under the laws of the United States or any one of the States thereof or the District of Columbia (or any domestic branch of a foreign bank) a segregated account (the “Agent’s Account”) for the purpose of receiving payments that, as provided herein, are to be paid to the Agent’s Account; provided, however, that at all times such depository institution or trust company shall be a Qualified Institution. The initial Agent’s Account is account number 112880000 at U.S. Bank National Association in the name of Rabobank, as Administrative Agent. The Administrative Agent shall provide the Borrower is not effectuated as a result and the Servicer with notice of any change in the location or account number of the failure Agent’s Account. Payments to fulfill any condition under Section 3.2 the Agent’s Account hereunder shall be made by wire transfer of immediately available funds to U.S. Bank National Association, ABA No. 000000000, Account Name: Structured Finance Wire Clearing Account, Account No. 173103322058, Reference #112880000 Rabobank Acct. (other than any condition that is waived e) The Administrative Agent shall distribute funds received by it in the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify ’s Account to the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other Person entitled thereto (including the Administrative Agent for its own account) as promptly as practicable after such receipt and in any event on the same Business Day on which such funds acquired by are received, if such receipt occurs no later than 10:00 a.m. (New York City time), and otherwise on the applicable Lender to fund or maintain such Advance upon receipt by next succeeding Business Day, in accordance (where applicable) with the Borrower order of documentation setting priority set forth such costsin Section 2.8.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower, the Servicer on behalf of the Borrower or the Conduit Lenders and the Institutional Lenders to the Swingline Lender hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 10:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on to the next Business Dayapplicable Agent’s Account. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, and in the case of any amounts not paid or deposited under any Hedging Agreement, interest at the “rate” specified in the applicable Hedging Agreement, in each case, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) days for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on account of any Advance requested by Taxes). Promptly following the Borrower is not effectuated as a result of Collection Date, the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Deal Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable each Conduit Lender, including, without limitation, any loss, cost or expense incurred by reason of each Institutional Lender and the liquidation or reemployment of deposits or other funds acquired by Swingline Lender shall mxxx the applicable Lender Notes “Paid” and return them to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsBorrower.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent's Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed by each Purchaser Agent, to each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to clause NINTH of Section 2.122.7(a) or clause TENTH of Section 2.8, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Seller and approved by the Administrative Agent)applicable Purchaser and the Purchaser Agents, pursuant to Section 2.2, is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 1 contract

Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided hereinin a Loan Document, all amounts to be paid or deposited payments by the Borrower hereunder Borrowers pursuant to each Loan Document shall be paid made by the Borrowers to the Administrative Agent for the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, deduction or deposited in accordance with the terms hereof no counterclaim not later than 3:00 p.m. 11:00 a.m. (which shall be London time in the case of Other Currency Loans) on the day when date due in lawful money of the United States in same day or immediately available funds and any amount not to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower, provided, however, that all payments in Other Currency shall be made to the Other Currency Lender in the Other Currency Lenders designated account. Funds received before such after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Borrower shallAdministrative Agent shall promptly remit in same day funds to each Secured Party its share, to if any, of such payments received by the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be Administrative Agent for the account of the applicable such Secured Party. All computations of interest (including interest on LIBO Rate Loans) and other fees hereunder shall be made 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, except with respect to LIBO Rate Loans denominated in Sterling which shall accrue interest computed on the basis of 365 days and except as set forth in clause (d) of the definition of the term "Associated Costs" and except with respect to Base Rate Loans which shall accrue interest computed on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting comprised of 365 or 366 days, as applicable) for the actual number case may be, provided, however, that to the extent the current market practice is to compute interest and/or fees in respect of days elapsed. (b) Whenever any payment Other Currency or any Loan denominated in any Other Currency in a manner other than as set forth above, all interest and fees hereunder shall be stated computed on the basis of such market practice, as notified to be the U.S. Borrower by the Administrative Agent. Payments due on a day other than a Business Day, such payment Day shall (except as otherwise required by clause (c) of the definition of the term "Interest Period") be made on the next succeeding Business Day, Day and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent computing interest and fees in connection with that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullpayment. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts (other than Advances) not paid or deposited when due hereunder at 2.005.25% per annum above the Prime Rate, payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the (x) Term XXXXX and Daily Simple XXXXX, which shall each be based on a year consisting of 365 days or (y) Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs then due pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Advance, but excluding the Applicable Spread. (d) Any and all payments made by the Borrower of documentation setting forth under the Transaction Documents shall be made in Dollars, other than (i) with respect to any and all payments on Advances which shall be made by the Borrower in the currency in which such costsAdvances are denominated and (ii) with respect to any and all payments with respect to Eligible Portfolio Assets and to the relevant Obligor(s) which shall be made by the Borrower in the currency in which such Portfolio Assets are denominated. BUSINESS.32224493.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account or Swingline Purchaser’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to clause EIGHTH of Section 2.122.9(a) or clause NINTH of Section 2.10, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance or Swingline Advance requested by the Borrower is not effectuated as Seller and approved by the applicable Purchaser or Swingline Purchaser and the Purchaser Agents or, in the case of a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by Swingline Advance, the Administrative Agent), pursuant to Section 2.2 or 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser or the Swingline Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser or the Swingline Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser or the Swingline Purchaser, as applicable), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser or Swingline Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsor Swingline Advance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyPurchaser. All computations of interest and all computations of Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to the provisions of Section 2.122.10 or Section 2.11, as applicable, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Seller and approved by the Administrative Agent)applicable Purchaser and the Purchaser Agents pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower to the Administrative Agent or the other Secured Parties hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 1:00 p.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder (after giving effect to any applicable grace period) at 2.00% per annum above the Prime RateInterest Rate applicable during an Event of Default, payable on demand; provided that such interest rate Interest Rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest Interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder shall be stated to be due on a day other than a Business Day, the day for such payment shall be made on extended to the next succeeding Business Day, and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullpayable thereon hereunder. (c) If any LIBOR Rate Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by applicable to the Administrative Agent)Borrower, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against if any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt payment by the Borrower of documentation setting forth Advances Outstanding or Interest occurs on a date other than an Interest Payment Date, the Borrower shall compensate the applicable Lender for any Breakage Costs incurred by such costsLender in connection with such event. (d) If at any time after the Effective Date, the Advances Outstanding of the same type of rate and LIBOR Rate index period hereunder are not allocated among the Lenders in accordance with their respective Pro Rata Shares, the Lenders agree to make such purchases and sales of interests in the Advances Outstanding of the same type of rate and LIBOR Rate index period between themselves so that each Lender is then holding its relevant Pro Rata Share of Advances Outstanding of the same type of rate and LIBOR Rate index period based on their Commitments at such time (such purchases and sales shall be arranged through the Administrative Agent and each Lender hereby agrees to execute such further instruments and documents, if any, as the Administrative Agent may reasonably request in connection therewith), with all subsequent extensions of credit under this Agreement to be made in accordance with the respective Pro Rata Shares, of the Lenders from time to time party to this Agreement as provided herein.

Appears in 1 contract

Samples: Loan and Security Agreement (Crescent Capital BDC, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all All amounts to be transferred or paid or deposited by the Borrower Transferor or the Servicer to the Agent or any other Person hereunder shall be paid to or deposited with the Agent in accordance with the terms hereof no later than 3:00 p.m. 12:00 noon on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. funds. (b) The Borrower Transferor shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts due to any Purchaser Party and which are not paid or deposited when due hereunder at 2.00% per annum above the Prime RateDefault Rate on demand by the Agent. (c) The Servicer shall, payable on demand; provided that such interest rate shall not at any time exceed to the maximum rate extent permitted by Applicable Law. Such law, pay interest shall be for on all amounts due to any Purchaser Party and which are available in the account Concentration Account, Collection Accounts, Agent's Account or Cash Collateral Account, and which are not applied when due hereunder by reason of any act or omission of the applicable Secured Party. Servicer, at the Default Rate on demand by the Agent. (d) All computations of interest interest, Yield, and other fees hereunder Fees shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first day but excluding the last day) elapsed. Any amounts due hereunder on a day that is not a Business Day shall be paid on the next Business Day. (be) Whenever If the Servicer shall not make any payment otherwise required hereunder in respect of the Purchased Interest because Purchaser Collections through the relevant day were less than the aggregate amounts payable and the Transferor does not make such payment, the next available Purchaser Collections shall be stated applied to be due on a day other than a Business Daysuch payment, such payment and no Reinvestment shall be made on the next succeeding Business Day, and permitted hereunder until such extension of time shall in such case be included in the computation of the payment of Interest or any fee amount payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid has been paid in full. (cf) If All payments to Purchaser Parties pursuant to this Agreement shall be made pro rata among the Purchaser Parties as their interests may appear in accordance with the respective amounts owed to them, subject to the applicable priorities set forth herein. (g) On any Advance requested by date on which a payment to the Borrower Purchaser Parties hereunder is not effectuated as a result of due, the failure Agent may (but in no event shall be required to) assume that such payment has been made available to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, Agent on the date specified thereforof such payment in accordance with Section 7.01(a) above, whichever and the Agent may (but in no --------------- event shall be required to), in reliance upon such assumption, make payment of the Collateral Manager or the Borrower is at fault, such Person shall indemnify a corresponding amount to the applicable Lender against Purchaser Parties. If and to the extent any reasonable losssuch amounts shall not have been made available to the Agent, cost or expense incurred each Purchaser Party irrevocably and unconditionally agrees to repay to the Agent, forthwith upon demand, the amount of such payment received by such Purchaser Party together with interest thereon, for each day from the date such payment is made by the applicable LenderAgent until the date such amount is repaid to the Agent, including, without limitation, any loss, cost or expense incurred by reason of at a rate equal to the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsFederal Funds Rate.

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Ak Steel Holding Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. on the day when due in lawful money of the United States in immediately available funds to the applicable Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the of, and distributed to, each applicable Secured PartyLender. All computations of interest Interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to the provisions of Section 2.122.10 or Section 2.11, as applicable, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) Interest until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived and approved by the Administrative Agent)applicable Lender pursuant to Section 2.3 is not, for any reason, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, Lender including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the reemployment of such funds in the manner determined by each Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt Advance. (d) If at any time after the Fifth Amendment and Restatement Closing Date, the Advances outstanding hereunder are not allocated among the Lenders in accordance with their respective Pro-Rata Shares following an addition of a Lender as a party hereto or the amendment of any Commitments, the Lenders agree to make such purchases and sales of interests in the Advances outstanding between themselves so that each Lender is then holding its relevant Pro-Rata Share of outstanding Advances based on the Lenders’ Commitments at such time (such purchases and sales shall be arranged by the Borrower Lenders and each Lender hereby agrees to execute such further instruments and documents, if any, as any other Lender may reasonably request in connection therewith), with all subsequent extensions of documentation setting forth such costscredit under this Agreement to be made in accordance with the respective Pro-Rata Shares of the Lenders from time to time party to this Agreement as provided herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 noon on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller, or the Servicer, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower Seller is not effectuated not, as a result of any action, breach or failure on the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by part of the Administrative Agent)Seller or the Servicer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits net of anticipated profits in the reemployment of such funds in the manner reasonably determined by such Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Issuer or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before to accounts maintained by the Subclass B-1 Note Purchasers as shown on Schedule 1 hereto, or such other accounts designated from time shall be deemed received on to time by the next Business DaySubclass B-1 Note Purchasers. The Borrower Issuer shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder Subclass B-1 Note Purchasers Default Interest at 2.00% per annum above the Prime RateOverdue Rate as provided in the Indenture; provided, payable on demand; provided however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Partylaw. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Funding requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived Issuer and approved by the Administrative Agent)Subclass B-1 Note Purchasers pursuant to Section 2.04, is not, for any reason whatsoever related to a default or nonperformance by the Issuer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Issuer shall indemnify the applicable Lender Subclass B-1 Note Purchasers against any reasonable loss, cost or expense incurred by the applicable LenderSubclass B-1 Note Purchasers, including, without limitation, any lossloss (excluding loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Subclass B-1 Note Purchasers to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth Funding during such costsInterest Accrual Period.

Appears in 1 contract

Samples: Subclass B 1 Note Purchase Agreement (Willis Lease Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Manager hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Manager, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.005.25% per annum above the Prime Rate, payable on demand; provided that that, such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base RateRate and the Non-Usage Fee, which shall each be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance, but excluding the Borrower of documentation setting forth such costsApplicable Spread.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided hereinin a Loan Document, all amounts to be paid or deposited payments by the Borrower hereunder Borrowers pursuant to each Loan Document shall be paid made by the Borrowers to the Administrative Agent for the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, deduction or deposited in accordance with the terms hereof no counterclaim not later than 3:00 p.m. 11:00 a.m. (which shall be London time in the case of Other Currency Loans and Other Currency Swing Line Loans) on the day when date due in lawful money of the United States in same day or immediately available funds and any amount not to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. Funds received before such after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Borrower shallAdministrative Agent shall promptly remit in same day funds to each Secured Party its share, to if any, of such payments received by the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be Administrative Agent for the account of the applicable such Secured Party. All computations of interest (including interest on LIBO Rate Loans) and other fees hereunder shall be made 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, except with respect to LIBO Rate Loans denominated in Sterling which shall accrue interest computed on the basis of 365 days and except with respect to Base Rate Loans which shall accrue interest computed on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting comprised of 365 or 366 days, as applicable) for the actual number case may be, provided, however, that to the extent the current market practice is to compute interest and/or fees in respect of days elapsed. (b) Whenever any payment Other Currency or any Loan denominated in any Other Currency in a manner other than as set forth above, all interest and fees hereunder shall be stated computed on the basis of such market practice, as notified to be the U.S. Borrower by the Administrative Agent. Payments due on a day other than a Business Day, such payment Day shall (except as otherwise required by clause (b) of the definition of the term “Interest Period”) be made on the next succeeding Business Day, Day and such extension of time shall in such case be included in the computation of the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent computing interest and fees in connection with that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullpayment. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Corp /Va/)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.08, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 2:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of amounts due to a Lender, to each Lender at such time shall be deemed received Lender’s Account, the details of which appear on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid Class A Lender Supplement or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 daysClass B Lender Supplement, as applicable) , for the actual number of days elapsedsuch Lender. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 2:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsLoan.

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.07, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of LEGAL02/41783784v7 LEGAL02/42659596v2 amounts due to a Lender, to each Lender at such time shall be deemed received Xxxxxx’s Account, the details of which appear on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that Lender Supplement for such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsedLender. (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 12:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.13, and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the related party. (f) Each Lender agrees or is deemed to agree that, as promptly as practicable after the officer of such Lender responsible for administering its Loans becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Party or that would entitle such Lender to receive payments under Section 2.12 or Section 2.13, it shall, to the extent not inconsistent with its internal policies of general application, use commercially reasonable efforts to minimize costs, expenses and other amounts incurred by it and payable by the Borrower of documentation setting forth such costspursuant to Section 2.12 or Section 2.13, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Regional Management Corp.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted Administrative Agent's account, for further payment by law, pay the Administrative Agent to the Secured Parties interest on all Persons to who such amounts not paid or deposited when are due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsedpayable. (b) Whenever any payment hereunder (i) 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, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 3:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of an Agent, a Lender or the Administrative Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. 58 (d) All payments hereunder shall be made without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent or (ii) the Borrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the Borrower of documentation setting forth such costsBorrower, the Administrative Agent, the Servicer, the Backup Servicer, the Collateral Custodian or any Lender or Agent, as the case may be.

Appears in 1 contract

Samples: Loan Agreement (Lithia Motors Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder or the Servicer hereunder, including such amounts contemplated pursuant to Section 2.07, shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 12:00 p.m., New York City time, on the day when due in lawful money of the United States Dollars in immediately available funds and any amount not received before funds, in the case of amounts due to a Lender, to each Lender at such time shall be deemed received Lender’s Account, the details of which appear on the next Business DayLender Supplement for such Lender. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed.LEGAL02/42658427v2 (b) Whenever any payment hereunder (i) shall be stated to be due on a day other than a Business Day, such payment shall be made made, without penalty, on the next succeeding Business Day, except in the case where the next succeeding Business Day would occur in the succeeding calendar month, in which case such payment shall be due on the preceding Business Day or (ii) is received after 12:00 p.m., New York City time, such payment shall be deemed to have been received on the next succeeding Business Day, and any such extension of time shall in such case be included in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower and approved by a Lender and the Administrative Agent pursuant to Section 2.01 is not effectuated as a result of the failure to fulfill not, for any condition under Section 3.2 (reason other than any condition that is waived by due to the fault of a Lender, Administrative Agent or the applicable Agent), made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable such Lender against any reasonable loss, cost or expense incurred by the applicable such Lender, includingincluding any loss (including loss of anticipated profits, without limitation, any lossnet of anticipated profits in the reemployment of such funds in the manner determined by such Lender), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable such Lender to fund or maintain such Advance upon receipt Loan. (d) All payments hereunder shall be made without set-off or counterclaim, subject to Section 2.13, and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement. (e) To the extent that (i) any Person makes a payment to any party hereto or (ii) any party hereto receives or is deemed to have received any payment or proceeds for application to an obligation, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any Insolvency Law, State or federal law, common law or for equitable cause, then, to the extent such payment or proceeds are set aside, the obligation or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received or deemed received by the related party. (f) Each Lender agrees or is deemed to agree that, as promptly as practicable after the officer of such Lender responsible for administering its Loans becomes aware of the occurrence of an event or the existence of a condition that would cause such Lender to become an Affected Party or that would entitle such Lender to receive payments under Section 2.12 or Section 2.13, it shall, to the extent not inconsistent with its internal policies of general application, use commercially reasonable efforts to minimize costs, expenses and other amounts incurred by it and payable by the Borrower of documentation setting forth such costspursuant to Section 2.12 or Section 2.13, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Regional Management Corp.)

Payments, Computations, Etc. (a) Unless Each payment on account of an amount due from the Borrower hereunder or under any other Credit Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment as provided herein. Upon request, the Administrative Agent will give the Borrower a statement showing the computation used in calculating such amount, which statement shall be conclusive in the absence of manifest error. The obligation of the Borrower to make each payment on account of such amount shall not be discharged or satisfied by any tender, or any recovery pursuant to any judgment, except to the extent such tender or recovery shall result in the actual receipt by the Administrative Agent of the full amount payable hereunder. The Borrower agrees that its obligation to make each payment on account of such amount shall be enforceable as an additional or alternative claim for recovery of the amount (if any) by which such actual receipt shall fall short of the full amount payable hereunder, and shall not be affected by judgment being obtained for such amount. (b) Except as otherwise expressly specifically provided herein, all amounts to be paid or deposited by the Borrower payments hereunder shall be paid or deposited in accordance with made to the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States Administrative Agent in immediately available funds and funds, without offset, deduction, counterclaim, or withholding of any amount kind, not later than 2:00 P.M. (local time in the place where such payment is required to be made pursuant to this subsection (b)) on the date when due, to the account specified on Schedule 3.17(b) or at such other place as may be designated by the Administrative Agent to the Borrower in writing. Payments received before after such time shall be deemed to have been received on the next succeeding Business Day. The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the extent permitted Administrative Agent the Loans, Fees, interest, or other amounts payable by lawthe Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, pay or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Secured Parties interest Lenders subject to the terms of Section 3.15(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon (Charlotte, North Carolina time) on all amounts not paid or deposited when due hereunder at 2.00% per annum above a Business Day in like funds as received prior to the Prime Rate, payable on demand; provided that end of such interest rate shall not at any time exceed Business Day and otherwise the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made Administrative Agent will distribute such payment to such Lenders on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day other than that is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of LIBOR Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the next succeeding Business Daybasis of actual number of days elapsed over a year of 360 days, and such extension of time shall in such case be included in the except with respect to computation of the payment interest on Base Rate Loans that shall be calculated based on a year of Interest 365 or any fee payable hereunder366 days, as the case may beappropriate. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and Interest shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on from and include the date specified thereforof borrowing, whichever but exclude the date of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costspayment.

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that (i) such interest rate shall not at any time exceed the maximum rate permitted by Applicable LawLaw and (ii) such additional interest shall not accrue unless an Event of Default then exists. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Collateral Manager’s or the Borrower’s actions or failure to fulfill any condition under Section 3.2 3.2, (other than any condition that which, in the case of the Collateral Manager, is waived by solely within the Administrative Agent), control of the Collateral Manager) as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 1 contract

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Issuer or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds. Unless otherwise expressly provided herein, all amounts to be paid to the Deal Agent or to any Noteholder, as applicable, shall be paid in accordance with the terms hereof on the day when due in lawful money of the United States in immediately available funds and to a dollar denominated account maintained by the Deal Agent or any amount not received before such time shall be deemed received on the next Business Day. The Borrower shall, Noteholder in accordance with wire instructions given to the extent permitted Indenture Trustee by law, pay to the Secured Parties interest on all amounts not paid Deal Agent or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyNoteholder. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance Loan requested by the Borrower is not effectuated as Issuer and approved by a result Purchaser and the Deal Agent pursuant to Section 2.04(b) of the failure applicable Note Purchase Agreement is not, for any reason whatsoever related to fulfill any condition under Section 3.2 (other than any condition that is waived a default or nonperformance by the Administrative Agent)Issuer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Issuer shall indemnify the applicable Lender such Purchaser against any reasonable loss, cost or expense incurred by the applicable Lendersuch Purchaser, including, without limitation, any lossloss (including loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender such Purchaser to fund or maintain such Advance upon receipt by Loan, as the Borrower of documentation setting forth case may be, during such costsInterest Accrual Period.

Appears in 1 contract

Samples: Indenture Supplement (Willis Lease Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. 11:00 a.m. on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Servicer, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002.0% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of of, the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.122.9(a)(8) or Section 2.10(a)(8), such unpaid amounts shall remain due and owing and shall accrue interest as provided in this Section 2.10(a) 2.12 until repaid in full. (c) If Prior to the Thirteenth Amendment Effective Date, if any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived and approved by the Administrative Agent)applicable Purchaser pursuant to Section 2.3 is not, for any reason made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits, net of anticipated profits in the redeployment of such funds in the manner determined by each Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt Advance. (d) If the Administrative Agent disagrees with the computation of any amounts to be paid or deposited by the Borrower or the Servicer hereunder, or upon their respective instructions, it shall so notify the Borrower, the Servicer and the Trustee in writing and in reasonable detail to identify the specific disagreement. If such disagreement cannot be resolved, the determination of documentation setting forth the Administrative Agent as to such costsamounts shall be conclusive and binding on the parties hereto absent manifest error. Upon receipt of written notice from the Administrative Agent of such disagreement, the Trustee shall comply with the Administrative Agent’s written instructions with respect to the holding back (pending resolution), payment or deposit of any such amounts as so determined by the Administrative Agent. The Trustee shall be protected in acting upon the written instructions of the Administrative Agent and shall have no responsibility to verify, reconcile or recompute any determination of the Administrative Agent.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ares Capital Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower Seller or the Servicer hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 2:00 p.m. (Eastern Standard Time) on the day when due in lawful money of the United States in immediately available funds to the applicable Purchaser Agent’s Account and any amount if not received before such time shall be deemed received on the next Business Day. The Borrower Seller, or the Servicer, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.002% per annum above the Prime Base Rate, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, Rate which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower Seller is not effectuated not, as a result of any action, breach or failure on the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by part of the Administrative Agent)Seller or the Servicer, made or effectuated, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person Seller shall indemnify the applicable Lender Purchaser against any reasonable loss, cost or expense incurred by the applicable Lender, Purchaser including, without limitation, any lossloss (including loss of anticipated profits net of anticipated profits in the reemployment of such funds in the manner reasonably determined by such Purchaser), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender Purchaser to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsAdvance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (MCG Capital Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Collateral Administrator hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. (Charlotte, North Carolina time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Day. The Borrower or the Collateral Administrator, as applicable, shall, to the extent permitted by law, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder at 2.006.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder 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 the payment of Interest or any fee payable hereunder, as the case may be. For avoidance of doubt, to the extent that Available Funds are insufficient on any Payment Date to satisfy the full amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in full. (c) If any Advance requested by the Borrower is not effectuated as a result of the Borrower’s actions or failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent)3.2, as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by Advance, but excluding the Borrower of documentation setting forth such costsApplicable Spread.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Payments, Computations, Etc. (a) Unless otherwise expressly provided hereinin a Loan Document, all amounts to be paid or deposited payments by the Borrower hereunder Loan Parties pursuant to each Loan Document shall be paid made without setoff, deduction or deposited in accordance with the terms hereof no counterclaim not later than 3:00 p.m. 11:00 a.m. on the day when date due in lawful money of the same day or immediately available funds, marked for attention as indicated, or in such other manner or to such other account in any United States bank as the Administrative Agent may from time to time direct in immediately available funds and writing. Funds received after 11:00 a.m. on any amount not received before such time day shall be deemed to have been received on the next succeeding Business Day. The Borrower shall, to the extent permitted by law, pay to the Secured Parties All interest on all amounts not paid or deposited when due hereunder at 2.00% per annum above the Prime Rate, payable on demand; provided that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest and fees shall be for the account of the applicable Secured Party. All computations of interest and other fees hereunder shall be made computed on the basis of a year consisting of 360 days (other than calculations with respect to the Base Rate, which shall be based on a year consisting of 365 or 366 days, as applicable) for the actual number of days elapsed. (b) Whenever any payment hereunder shall be stated to be occurring during the period for which such interest or fee is payable over a year comprised of 360 days. Payments due on a day other than a Business Day, such payment Day shall be made on the next succeeding Business Day, Day and such extension of time shall in such case be included in computing interest and fees in connection with that payment. (b) [Reserved.] (c) The obligations of the computation Lenders hereunder to make Loans and to make payments pursuant to Section 10.4(c) are several and not joint. The failure of any Lender to make any Loan or to make any payment under Section 10.4(c) on any date required hereunder shall not relieve any other Lender of its corresponding obligation to do so on such date, and no Lender shall be responsible for the failure of any other Lender to so make its Loan or to make its payment under Section 10.4(c). (d) Nothing herein shall be deemed to obligate any Lender to obtain the funds for any Loan in any particular place or manner or to constitute a representation by any Lender that it has obtained or will obtain the funds for any Loan in any particular place or manner. (e) If any Lender shall, by exercising any right of setoff or otherwise, obtain payment in respect of any principal of or interest on its portion of any of the Loans or any Repayment Premium in connection therewith resulting in such Lender’s receiving payment of a proportion of the aggregate amount of the Loans and accrued interest thereon and any Repayment Premium in connection therewith greater than its Applicable Percentage thereof as provided herein, then the Lender shall (x) notify the Administrative Agent of such fact and (y) purchase (for cash at face value) participations in the portions of the Loans of the other Lenders, or make such other adjustments as shall be equitable, so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of, accrued interest on and any Repayment Premium in connection with their respective portions of the Loans and other amounts owing them; 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 Interest such recovery, without interest; and (ii) the provisions of this Section 4.4(e) shall not be construed to apply to (x) any payment made by or on behalf of the Borrower pursuant to and in accordance with the express terms of this Agreement or (y) any fee payable hereunderpayment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its portion of the Loans to any assignee or participant, other than an assignment to a Loan Party (as to which the case may beprovisions of this Section shall apply). For avoidance of doubtEach Loan Party consents to the foregoing and agrees, to the extent it may effectively do so under applicable Law, that Available Funds are insufficient on any Payment Date Lender acquiring a participation pursuant to satisfy the full foregoing arrangements may exercise against such Loan Party rights of setoff and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of such Loan Party in the amount of any Increased Costs pursuant to Section 2.12, such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullparticipation. (c) If any Advance requested by the Borrower is not effectuated as a result of the failure to fulfill any condition under Section 3.2 (other than any condition that is waived by the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costs.

Appears in 1 contract

Samples: Credit Agreement (Valneva SE)

Payments, Computations, Etc. (a) Unless otherwise expressly provided herein, all amounts to be paid or deposited by the Borrower or the Servicer on behalf of the Borrower hereunder shall be paid or deposited in accordance with the terms hereof no later than 3:00 p.m. (New York City time) on the day when due in lawful money of the United States in immediately available funds and any amount not received before such time shall be deemed received on the next Business Dayfunds. The Borrower shall, to the extent permitted by lawlaw and, in accordance with the Priority of Payments, pay to the Secured Parties interest on all amounts not paid or deposited when due hereunder (including -11- Subordinate Interest and Fees or other payments, the payment of which is deferred in accordance with the Priority of Payments by reason of insufficient Available Collections) at 2.00% the rate per annum above set forth in the Prime RateLenders Fee Letter, payable on demand; provided provided, however, that such interest rate shall not at any time exceed the maximum rate permitted by Applicable Law. Such interest shall be for the account of the applicable Secured PartyMaximum Lawful Rate. All computations of interest and all computations of the Interest Rate and other fees hereunder shall be made on the basis of a year consisting of 360 days for the actual number of days (other than calculations with respect to including the Base Rate, which first but excluding the last day) elapsed; provided that any computations of the Interest Rate using the Prime Rate shall be based made on the basis of a year consisting of 365 or days (or, in the case of an accrual period which occurs in a leap year, 366 days, as applicable) for the actual number of days (including the first but excluding the last day) elapsed. (b) Whenever any payment hereunder 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 reflected in the computation of the payment of Interest Interest, other interest or any fee payable hereunder, as the case may be. For avoidance of doubt; provided, to however, that if the extent that Available Funds are insufficient on any preceding extension results in a Payment Date to satisfy the full amount in respect of any Increased Costs pursuant Accrual Period occurring later than otherwise scheduled, Interest in respect of the following Accrual Period shall not begin to Section 2.12, accrue until the date to which such unpaid amounts shall remain due and owing and shall accrue interest as provided in Section 2.10(a) until repaid in fullPayment Date is extended. (c) If All payments hereunder shall be made in accordance with the Priority of Payments and without set-off or counterclaim and in such amounts as may be necessary in order that all such payments shall not be less than the amounts otherwise specified to be paid under this Agreement (after withholding for or on account of any Advance requested Taxes). (d) The Paying Agent shall distribute funds received by it for the account of other Persons entitled thereto (including such Paying Agent for its own account) as promptly as practicable after such receipt and in any event on the same Business Day on which such funds are received, if such receipt occurs no later than 3:00 p.m. (New York City time), and otherwise on the next succeeding Business Day, in accordance (where applicable) with the Priority of Payments. (e) Neither the Borrower is not effectuated as a result nor the Servicer shall be accountable or liable for any use or application of any amounts paid to the failure to fulfill Paying Agent or any condition under Section 3.2 (other than any condition that is waived by Lender in accordance with the Administrative Agent), as the case may be, on the date specified therefor, whichever of the Collateral Manager or the Borrower is at fault, such Person shall indemnify the applicable Lender against any reasonable loss, cost or expense incurred by the applicable Lender, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by the applicable Lender to fund or maintain such Advance upon receipt by the Borrower of documentation setting forth such costsTransaction Documents.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

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