Common use of Payments, Computations; Proceeds of Collateral, etc Clause in Contracts

Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers pursuant to each Loan Document shall be 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 counterclaim not later than 12:00 noon on the date due in same day or immediately available funds, in the applicable Currency, to such account as the Administrative Agent shall specify from time to time by notice to the Borrowers. Funds received after that time shall, in the sole discretion of the Administrative Agent, 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 Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such Secured Party. All interest (including interest on Eurocurrency Loans) and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days); provided, that to the extent the current market practice is to compute interest and/or fees in respect of any Alternate Currency or any Loan denominated in any Alternate Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (c) of the definition of “Interest Period”) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees in connection with that payment.

Appears in 3 contracts

Samples: Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp), Credit Agreement (Ferro Corp)

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Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers Borrower to the Protected Parties pursuant to each Loan Document shall be made by the Borrowers Borrower (or by its designee) to the Administrative Agent for the pro rata account of the Secured Protected Parties entitled to receive such payment. All payments shall be made without setoff, deduction (except for Taxes which are expressly addressed in Section 4.06) or counterclaim not later than 12:00 noon 1:00 p.m. New York City time on the date due in Dollars in same day or immediately available funds, in the applicable Currency, funds to such account in the United States as the Administrative Agent shall specify from time to time by notice to the BorrowersBorrower at least one Business Day in advance of the date the payment is due. Funds received after that time shall, in the sole discretion of the Administrative Agent, 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 Secured Protected Party its share, if any, of such payments received by the Administrative Agent for the account of such Secured Protected Party. All interest (including interest on Eurocurrency LoansLIBOR Loans and LIBOR Advances) and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate LoanLoan (calculated at other than at the rate set forth in clause (b) of the definition of Corporate Base Rate), 365 days or, if appropriate, 366 days); provided, that to the extent the current market practice . Whenever any payment is to compute interest and/or fees in respect be made hereunder or under any Loan, or whenever the last day of any Alternate Currency or any Loan denominated in any Alternate Currency in Interest Period would otherwise occur on a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by the Administrative Agent. Payments due on day other than a Business Day Day, such payment shall (except as otherwise required by clause (c) be made, and the last day of the definition of “such Interest Period”) be made Period shall occur, on the next succeeding Business Day and interest at the Applicable Rate shall accrue on such amount from the original due date to such next Business Day; provided, that if such extension would cause the last day of time such Interest Period to occur in a new calendar month, the last day of such Interest Period shall be included in computing interest and fees in connection with that paymentoccur on the next preceding Business Day.

Appears in 2 contracts

Samples: Warehouse Loan Agreement (Air Lease Corp), Warehouse Loan Agreement (Air Lease Corp)

Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the applicable 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 counterclaim not later than 12:00 noon on the date due in same day or immediately available funds, in the applicable Currency, to such account as the such Administrative Agent shall specify from time to time by notice to the Borrowers. Funds received after that time shall, in the sole discretion of the applicable Administrative Agent, be deemed to have been received by the such Administrative Agent on the next succeeding Business Day. The Each Administrative Agent shall promptly remit in same day funds to each Secured Party its share, if any, of such payments received by the such Administrative Agent for the account of such Secured Party. All interest (including interest on Eurocurrency LIBO Rate Loans) and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate LoanLoan (calculated at other than the Federal Funds Rate), 365 days or, if appropriate, 366 days); provided, provided that to the extent the current market practice is to compute interest and/or fees in respect of any Alternate Currency or any Loan denominated in any Alternate Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by the applicable Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (c) of the definition of “Interest Period”) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees in connection with that payment.

Appears in 2 contracts

Samples: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp)

Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments required to be made by the Borrowers Borrower pursuant to each Loan Document shall be made by the Borrowers Borrower 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 counterclaim not later than 12:00 noon 11:00 a.m. on the date due in same day or immediately available funds, in the applicable Currency, funds to such account as the Administrative Agent shall specify from time to time by notice to the BorrowersBorrower. Funds received after that time shall, in the sole discretion of the Administrative Agent, 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 Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such Secured Party. All interest (including interest on Eurocurrency LIBO Rate Loans) and fees (including all fees in respect of Letters of Credit) 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 LoanLoan (calculated at other than the Federal Funds Rate or the Reference LIBO Rate), 365 days or, if appropriate, 366 days); provided, that to the extent the current market practice is to compute interest and/or fees in respect of any Alternate Currency or any Loan denominated in any Alternate Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (cb) of the proviso in the definition of “Interest Period”) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees in connection with that payment.

Appears in 1 contract

Samples: First Lien Exit Credit Agreement (Energy XXI Gulf Coast, Inc.)

Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments required to be made by the Borrowers Borrower pursuant to each Loan Document shall be made by the Borrowers Borrower to the Administrative Agent (for deposit to an account of the Administrative Agent maintained in New York City as specified by the Administrative Agent to the Borrower or such other account as from time to time specified by the Administrative Agent to the Borrower) for the pro rata account of the Secured Parties entitled to receive such payment. All payments shall be made without setoff, deduction or counterclaim not later than 12:00 noon 11:00 a.m. (New York time) on the date due in same day or immediately available funds, in the applicable Currency, funds to such account as the Administrative Agent shall specify from time to time by notice to the BorrowersBorrower. Funds received after that time shall, in the sole discretion of the Administrative Agent, 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 Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such Secured Party. All interest (including interest on Eurocurrency LIBO Rate Loans) and fees (including all fees in respect of Letters of Credit) 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 LoanLoan (calculated at other than the Federal Funds Rate), 365 days or, if appropriate, 366 days); provided, that to the extent the current market practice is to compute interest and/or fees in respect of any Alternate Currency or any Loan denominated in any Alternate Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (cb) of the proviso in the definition of “Interest Period”) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees in connection with that payment.

Appears in 1 contract

Samples: Credit Agreement (Dynamic Offshore Resources, Inc.)

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Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers Borrower to the Protected Parties pursuant to each Loan Document shall be made by the Borrowers Borrower (or by its designee) to the Administrative Agent Depositary for the pro rata account of the Secured Protected Parties entitled to receive such paymentpayment or, at the direction of the Administrative Agent, directly to such Protected Parties. All payments shall be made without setoff, deduction (except for Taxes which are expressly addressed in Section 3.01) or counterclaim not later than 12:00 noon 11:00 a.m. New York City time on the date due in Dollars in same day or immediately available funds, in the applicable Currency, funds to such account or accounts (if payment is to be made directly to the Protected Parties) as the Administrative Agent Depositary shall specify from time to time by notice to the BorrowersBorrower. Funds received after that time shall, in the sole discretion of the Administrative Agent, shall be deemed to have been received by the Administrative Agent Depositary for the pro rata account of the Protected Parties entitled to such payment on the next succeeding Business Day. The In the event that a payment is made to the Depositary for the pro rata account of the Protected Parties entitled to such payment, the Depositary shall promptly notify the Administrative Agent shall promptly of its receipt of the same and remit in same day funds to each Secured Protected Party its share, if any, of such payments received by the Administrative Agent Depositary for the account of such Secured Party. All interest (including interest on Eurocurrency Loans) and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days); provided, that to the extent the current market practice is to compute interest and/or fees in respect of any Alternate Currency or any Loan denominated in any Alternate Currency Protected Party as specified in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by written direction from the Administrative Agent. Payments due Whenever any payment is to be made hereunder or under any Loan, or whenever the last day of any Interest Period would otherwise occur on a day other than a Business Day Day, such payment shall (except as otherwise required by clause (c) be made, and the last day of the definition of “such Interest Period”) be made Period shall occur, on the next succeeding Business Day and interest at the Applicable Rate shall accrue on such amount from the original due date to such next Business Day; provided, that if such extension would cause the last day of time such Interest Period to occur in a new calendar month, the last day of such Interest Period shall be included in computing interest and fees in connection with that paymentoccur on the next preceding Business Day.

Appears in 1 contract

Samples: Term Loan Agreement (Trinity Industries Inc)

Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers pursuant to each Loan Document shall be 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 counterclaim not later than 12:00 noon on the date due in same day or immediately available funds, in the applicable Currency, to such account as the Administrative Agent shall specify from time to time by notice to the Borrowers. Funds received after that time shall, in the sole discretion of the Administrative Agent, 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 Secured Party its share, if any, of such payments received by the Administrative Agent for the account of such Secured Party. All interest (including interest on Eurocurrency LIBOR Rate Loans) and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days); provided, provided that to the extent the current market practice is to compute interest and/or fees in respect of any Alternate Currency or any Loan denominated in any Alternate Currency in a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by the Administrative Agent. Payments due on other than a Business Day shall (except as otherwise required by clause (c) of the definition of “Interest Period”) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees in connection with that payment.

Appears in 1 contract

Samples: Credit Agreement (Ferro Corp)

Payments, Computations; Proceeds of Collateral, etc. (a) Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers Borrower to the Protected Parties pursuant to each Loan Document shall be made by the Borrowers Borrower (or by its designee) to the Administrative Agent for the pro rata account of the Secured Protected Parties entitled to receive such payment. All payments shall be made without setoff, deduction (except for Taxes which are expressly addressed in Section 4.06) or counterclaim not later than 12:00 noon 1:00 p.m. New York City time on the date due in Dollars in same day or immediately available funds, in the applicable Currency, funds to such account as the Administrative Agent shall specify from time to time by notice to the BorrowersBorrower. Funds received after that time shall, in the sole discretion of the Administrative Agent, 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 Secured Protected Party its share, if any, of such payments received by the Administrative Agent for the account of such Secured Protected Party. All interest (including interest on Eurocurrency LIBOR Loans) and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate LoanLoan (calculated at other than at the rate set forth in clause (b) of the definition of Corporate Base Rate), 365 days or, if appropriate, 366 days); provided, that to the extent the current market practice . Whenever any payment is to compute interest and/or fees in respect be made hereunder or under any Loan, or whenever the last day of any Alternate Currency or any Loan denominated in any Alternate Currency in Interest Period would otherwise occur on a manner other than as set forth above, all interest and fees hereunder shall be computed on the basis of such market practice, as certified to the Borrowers by the Administrative Agent. Payments due on day other than a Business Day Day, such payment shall (except as otherwise required by clause (c) be made, and the last day of the definition of “such Interest Period”) be made Period shall occur, on the next succeeding Business Day and interest at the Applicable Rate shall accrue on such amount from the original due date to such next Business Day; provided, that if such extension would cause the last day of time such Interest Period to occur in a new calendar month, the last day of such Interest Period shall be included in computing interest and fees in connection with that paymentoccur on the next preceding Business Day.

Appears in 1 contract

Samples: Warehouse Loan Agreement (Babcock & Brown Air LTD)

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