Common use of Payments, Computations, Etc Clause in Contracts

Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- provided, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. (a) All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 2:00 p.m., New York City time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day (with accrued interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (b) All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of the definition of Alternate Base Rate, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition of the term "Interest Period" with respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Spiegel Inc)

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Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- providedprovided in a Loan Document, all payments by the Borrower Borrowers pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata PRO RATA account of the Lenders Lender Parties entitled to receive such payment. (a) . All such payments required to shall be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, counterclaim not later than 2:00 p.m., New York City time, 12:30 p.m. on the date due, due in same day or immediately available funds, funds to such account as the Administrative Agent shall specify from time to time by notice to the BorrowerBorrowers. Funds received after that time shall may be deemed by the Administrative Agent to have been received by the Administrative Agent on the next succeeding Business Day. Each Borrower shall, at the time it makes any payment under this Agreement, specify to the Administrative Agent the Loan, Letter of Credit, fees or other amounts payable by such Borrower hereunder to which such payment is to be applied (and if it fails to specify or if such application would be inconsistent with the terms hereof, the Administrative Agent shall, subject to SECTION 4.8, distribute such payment to the Lender Parties in such manner as the Administrative Agent may deem appropriate). The Administrative Agent shall promptly remit in same day funds to each Lender Party its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day (with accrued interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (b) Lender Party. All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of calculated at other than the definition of Alternate Base Federal Funds Rate), 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) Whenever any payment to be made shall otherwise be . Payments due on a day which is not other than a Business Day, such payment Day shall (except as otherwise required by clause CLAUSE (c) of the definition of the term "Interest Period" with respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, fees in connection with such that payment.

Appears in 1 contract

Samples: Credit Agreement (Von Hoffmann Holdings Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- provided, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to --- ---- receive such payment. (ab) All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 2:00 p.m., New York City time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 -------- p.m., New York City time, it may remit such payments to the Lenders on the next Business Day (with accrued interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (bc) All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of ----------- days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of the definition of Alternate Base Rate, 365 ---------- days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days).. ---------- (cd) Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition of the term "Interest Period" with ---------- --------------- respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Spiegel Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- providedprovided in a Loan Document, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders Secured Parties entitled to receive such payment. (a) . All such payments required to shall be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, counterclaim not later than 2:00 p.m., New York City time, 1:00 p.m. on the date due, due in same day or immediately available funds, funds to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day Secured Party. All interest (with accrued including interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (bDollar-denominated LIBO Rate Loans) All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of calculated at other than the definition of Alternate Base RateFederal Funds Effective Rate or Pounds Sterling-denominated LIBO Rate Loans, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) Whenever any payment to be made shall . Except as otherwise be set forth herein, payments due on a day which is not other than a Business Day, such payment Day shall (except as otherwise required by clause (c) of the definition of the term "Interest Period" with respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate) be made on the next succeeding preceding Business Day and such extension Day. Except as otherwise set forth in any Loan Document, during the existence of time an Event of Default, all payments made under any Loan Document shall be included in computing interest and feesapplied upon receipt (a) first, if anyto the payment of all Obligations owing to the Administrative Agent, in connection its capacity as the Administrative Agent (including the fees and expenses of counsel to the Administrative Agent); (b) second, to the payment of accrued interest on and then principal of any portion (without duplication) of (i) Revolving Loans that the Administrative Agent may have advanced on behalf of any Revolving Loan Lender for which the Administrative Agent has not then been reimbursed by such Revolving Loan Lender or the Borrower, (ii) payments that the Administrative Agent may have advanced to the Secured Parties in accordance with this Section 4.7 for which the Administrative Agent has not been reimbursed by the Borrower, any other Obligor or the Secured Parties and (iii) Disbursements that an Issuer may have honored under a Revolving Letter of Credit for which such payment.Issuer has not been reimbursed by the

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- providedprovided in a Loan Document, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders Secured Parties entitled to receive such payment. (a) . All such payments required to shall be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, counterclaim not later than 2:00 p.m., New York City time, 1:00 p.m. on the date due, due in same day or immediately available funds, funds to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day Secured Party. All interest (with accrued including interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (bDollar-denominated LIBO Rate Loans) All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of calculated at other than the definition of Alternate Base Federal Funds Effective Rate, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) Whenever any payment to be made shall . Except as otherwise be set forth herein, payments due on a day which is not other than a Business Day, such payment Day shall (except as otherwise required by clause (c) of the definition of the term "Interest Period" with respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate) be made on the next succeeding preceding Business Day and such extension of time Day. Except as otherwise set forth in any Loan Document, all payments made under any Loan Document shall be included applied upon receipt in computing the following order: (a) first, to payment of that portion of the payment Obligations constituting fees, indemnities, expenses and other amounts (other than principal and interest, but including the fees and expenses of counsel to the Administrative Agent) payable to the Administrative Agent or the Collateral Agent in its capacity as such; (b) second, to payment of that portion of the payment Obligations constituting fees (including any Exit Fee), indemnities and other amounts (other than principal and interest) payable to the Lenders, ratably among them in proportion to the amounts described in this clause second payable to them; (c) third, to payment of that portion of the payment Obligations constituting accrued and unpaid interest on the Loans, ratably among the Secured Parties in proportion to the respective amounts described in this clause third payable to them; (d) fourth, to payment of that portion of the payment Obligations constituting unpaid principal of the Loans and feesthe aggregate Reimbursement Obligations then owing (and each DIP L/C Lender shall be entitled to receive amounts in the Synthetic Deposit Account to the extent such amounts are not being used, after giving effect to this clause fourth, to cash collateralize DIP Letters of Credit Outstandings), ratably among the Secured Parties in proportion to the respective amounts described in this clause fourth held by them; (e) fifth, to the payment of all other payment Obligations of the Borrower that are due and payable to the Administrative Agent and the other Secured Parties on such date, ratably based upon the respective aggregate amounts of all such Obligations owing to the Administrative Agent and the other Secured Parties on such date, and (f) last, the balance, if any, after all the payment Obligations have been paid in connection with full in cash, following the Maturity Date, to the Borrower, or any other Person lawfully entitled to receive such paymentsurplus pursuant to an order of a Governmental Authority, provided that, no payments shall be made to Roll-Up Lenders in respect of Roll-Up Loans or other Obligations related thereto pursuant to clause third, fourth or fifth above until (x) all Obligations in respect of the NM Loans and the DIP Letter of Credit Facility (including the termination of any letters of credit outstanding thereunder pursuant to the terms thereof) have been paid in full and (y) the NM Commitments and the DIP Letter of Credit Commitments have been terminated. The Administrative Agent is hereby authorized to charge any Account (other than the Carve-Out Account) for any amounts due and owing under this Agreement or the other Loan Documents.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Champion Enterprises Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- providedprovided herein, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document Document, whether in respect of principal or interest, shall be made by the Borrower to the Administrative Agent for the account of the Lenders pro rata according to their respective unpaid principal amounts. The payment of all fees referred to in Sections 2.3(a) and (b) shall be made by the Borrower to the Administrative Agent for the account of the Lenders entitled thereto pro rata according to receive such payment. (a) their Percentages. All other amounts payable to any Agent or Lender under this Agreement or any other Loan Document shall be paid to the Administrative Agent for the account of the Person entitled thereto. All such payments required to be made to the Administrative Agent shall be made, without setoffset‑off, deduction or counterclaim, not later than 2:00 p.m.12:00 noon, New York City time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding following Business Day. The Administrative Agent shall promptly remit in same day or immediately available funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day (with accrued interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (b) . All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of the definition of Alternate Base Rate, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) . Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (cd) of the definition of the term "Interest Period" with respect to LIBO payments then due of principal of or interest on any Notes being maintained as Fixed Rate Loans or Competitive Bid Loans based on the LIBO RateLoans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and feesinterest, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- provided, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit Notes or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro --- rata account of the Lenders entitled to receive such payment. (a) . All such payments ---- required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 2:00 p.m.10:00 a.m., New York City Chicago time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if . The Borrower hereby authorizes the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to charge any account maintained by the Lenders on Borrower with the next Business Day (with accrued interest on such amount, to the extent the Administrative Agent has received interest on such or Bank of America for any amount from the Borrower). (b) due and payable under this Agreement as and when so due and payable. All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of the definition of Alternate Base Rate, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) . Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition ---------- of the term "Interest Period" with respect to LIBO Eurodollar Rate Loans or Competitive Bid Loans based on the LIBO RateLoans) be made on --------------- the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Aristotle Corp)

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Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- providedprovided in a Loan Document, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders Secured Parties entitled to receive such payment. (a) . All such payments required to shall be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, counterclaim not later than 2:00 p.m., New York City time, 1:00 p.m. on the date due, due in same day or immediately available funds, funds to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day Secured Party. All interest (with accrued including interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (bLIBO Rate Loans) All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of calculated at other than the definition of Alternate Base Federal Funds Effective Rate, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) Whenever any payment to be made shall . Except as otherwise be set forth herein, payments due on a day which is not other than a Business Day, such payment Day shall (except as otherwise required by clause (c) of the definition of the term "Interest Period" with respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate) be made on the next succeeding preceding Business Day and such extension Day. Except as otherwise set forth in any Loan Document, during the existence of time an Event of Default, all payments made under any Loan Document shall be included applied upon receipt (a) first, to the payment of all Obligations owing to the Administrative Agent, in computing its capacity as the Administrative Agent (including the fees and expenses of counsel to the Administrative Agent); (b) second, to the payment of accrued interest on and then principal of any portion (without duplication) of (i) Revolving Loans that the Administrative Agent may have advanced on behalf of any Revolving Loan Lender for which the Administrative Agent has not then been reimbursed by such Revolving Loan Lender or the Borrower, (ii) payments that the Administrative Agent may have advanced to the Secured Parties in accordance with this Section 4.7 for which the Administrative Agent has not been reimbursed by the Borrower, any other Obligor or the Secured Parties and (iii) Disbursements that an Issuer may have honored under a Revolving Letter of Credit for which such Issuer has not been reimbursed by the Borrower; (c) third, after payment in full in cash of the amounts specified in clauses (a) through (b), to the ratable payment of all interest and feesfees owing with respect to the Credit Extensions (including Participation Fees) and all costs and expenses owing to the Secured Parties pursuant to the terms of this Agreement, if anyuntil paid in full in cash; (d) fourth, after payment in connection with full in cash of the amounts specified in clauses (a) through (c), to the ratable payment of the principal amount of the Loans then outstanding and the credit exposure of Secured Parties under Rate Protection Agreements, the aggregate Reimbursement Obligations then owing and Cash Collateralization for contingent liabilities under Letter of Credit Outstandings (and each Synthetic Lender shall be entitled to receive amounts in the Deposit Account to the extent such payment.amounts are not being used, after giving effect to this clause, to cash collateralize Synthetic Letters of Credit Outstandings); (e) fifth, after payment in full in cash of the amounts specified in clauses (a) through (d), to the ratable payment of all other Obligations owing to the Secured Parties; and (f) sixth, after payment in full in cash of the amounts specified in clauses (a) through

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Payments, Computations, Etc. (a) Unless otherwise expressly --------------------------- provided, all payments by or on behalf of the Borrower pursuant to this Agreement, the Notes, each Letter of Credit Notes or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to --- ---- receive such payment. (a) . All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 2:00 p.m.11:00 a.m., New York City time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day (with accrued interest on such amount, and to the extent of such payments made to the Administrative Agent has received interest on Agent, the Borrower shall have no further obligation to such amount from the Borrower). (b) Lender with respect thereto. All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan (i) determined in accordance with clause (a) of the definition of Alternate Base RateLoan, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of Alternate Base Rate, 360 days). (c) . Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by clause (c) of the definition of ---------- the term "Interest Period" with respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate") be made on the next succeeding Business Day and such --------------- extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Roberts Pharmaceutical Corp)

Payments, Computations, Etc. (a) Unless otherwise --------------------------- expressly --------------------------- provided, all payments by the Borrower pursuant to this Agreement, the Notes, each Letter of Credit or any other Loan Document shall be made by the Borrower to the Administrative Agent for the pro --- rata account of the Lenders entitled to receive such payment. (a) . All ---- such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 2:00 1:00 p.m., New York City Chicago, Illinois time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the Borrower. Funds received after that time shall be deemed to have been received by the Administrative Agent on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender; provided, that if the Administrative Agent receives such funds after 3:00 p.m., New York City time, it may remit such payments to the Lenders on the next Business Day (with accrued interest on such amount, to the extent the Administrative Agent has received interest on such amount from the Borrower). (b) . All interest and fees (including the fees payable in accordance with Section 3.4) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Reference Rate Loan (i) determined bearing interest at the rate specified in accordance with clause (a) of the definition of Alternate Base Rate, 365 days or, if appropriate, 366 days or (ii) determined in accordance with clause (b) of the definition of "Alternate Base Reference Rate", 360 365 days ------------------------ or, if appropriate, 366 days). (c) . Whenever any payment to be made shall otherwise be due on a day which is not a Business Day, such payment shall (except as otherwise required by the definition of "Quarterly --------- Payment Date" and, with respect to Eurodollar Rate Loans, by clause ------------ (c) of the definition of the term "Interest Period" with respect to LIBO Rate Loans or Competitive Bid Loans based on the LIBO Rate") be made on the --------------- next succeeding Business Day Day, and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Samples: Credit Agreement (Manor Investment Co Inc)

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