Common use of Payments Generally; Allocation of Proceeds; Sharing of Set-offs Clause in Contracts

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers shall make each payment required to be made by them hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.17, 2.18 or 2.19, or otherwise) prior to 12:00 noon, New York time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender, or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender, on the date when due, in immediately available funds, without set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agents, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the U.S. Administrative Agent (in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation, 000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000, Attention: Xxxx Xxxxxx, or to the Canadian Administrative Agent (in the case of payments for the account of the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, 000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000, Attention: Xxxx Xxxxxx except payments to be made directly to any Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17, 2.18, 2.19 and 9.04 shall be made directly to the Persons entitled thereto and payments pursuant to the other Loan Documents shall be made to the Persons specified therein. Each Administrative Agent and Collateral Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. Dollars; provided that payments of principal of and interest on Canadian Prime Loans, LC Disbursements denominated in Canadian Dollars and Acceptance Obligations, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Credit denominated in Canadian Dollars and (to the extent invoiced or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely for purposes of determining the amount of Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Progress Rail Services, Inc.)

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Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers shall make each payment required to be made by them hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, 2.18 or 2.19, or otherwise) prior to 12:00 noon3:00 p.m., New York time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender, or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian LenderLocal Time, on the date when due, in immediately available funds, without set set-off or counterclaim. All payments hereunder shall be made in dollars. All payments made in respect of Loans shall be made for the account of the Lenders pro rata in accordance with the respective unpaid principal amounts of the Loans held by such Lenders. Any amounts received after such time 3:00 p.m. Local Time on any date may, in the discretion of the applicable Administrative Agents, Agent be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made (i) with respect to payments of US Revolving Loans and Term Loans, to the U.S. US Administrative Agent (in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation, 000 Xxxxxx 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxXxxxxxx, XX 00000Xxxxxxxx, Attention: Xxxx Xxxxxx(ii) with respect to payments of Canadian Revolving Loans, or to the Canadian Administrative Agent (in the case of payments for the account of the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, its offices at 000 Xxxxxx Xxx Xxxxxx, Xxxxx 0000Bank Plaza, XxxxxxFloor 18, XX 00000Toronto, Attention: Xxxx Xxxxxx M57 2J2 Canada, except payments to be made directly to any the Issuing Bank or to a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.172.15, 2.182.16, 2.19 2.17 and 9.04 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to the other Loan Documents shall be made to the Persons specified thereinthereto. Each of the US Administrative Agent and Collateral the Canadian Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. Dollars; provided that payments of principal of and interest on Canadian Prime Loans, LC Disbursements denominated in Canadian Dollars and Acceptance Obligations, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Credit denominated in Canadian Dollars and (to the extent invoiced or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely for purposes of determining the amount of Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Bowne & Co Inc)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers shall make each payment required to be made by them hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, 2.18 or 2.19, or otherwise) prior to 12:00 noon, New York California time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender, or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender, on the date when due, in immediately available funds, without set set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentsAgent or the Canadian Administrative Agent, as applicable, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the U.S. Administrative Agent (in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation, 000 Xxxxxx 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxXxxxxxx, XX 00000Xxxxxxxx, Attention: Xxxx Xxxxxxexcept (i) payments of principal, interest, fees or reimbursements of LC Disbursements relating to any Canadian Loan or Canadian Letter of Credit shall be made to the Canadian Administrative Agent (in the case of payments for the account of the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, its offices at 000 Xxxxxx Xxx Xxxxxx, Xxxxx 0000Bank Plaza, XxxxxxFloor 18, XX 00000Toronto M57 2J2 Canada, Attention: Xxxx Xxxxxx except (ii) payments to be made directly to any an Issuing Bank or Swingline Lender as expressly provided herein shall be made to such Issuing Bank or Swingline Lender, and except that (iii) payments pursuant to Sections 2.172.15, 2.182.16, 2.19 2.17 and 9.04 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to the other Loan Documents shall be made to the Persons specified thereinthereto. Each of the Administrative Agent and Collateral the Canadian Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient recipient, in like funds, promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. Dollars; provided that payments of principal of and interest on Canadian Prime Loansthe currency in which the applicable Obligations are denominated, LC Disbursements denominated and, if not otherwise specified, in Canadian Dollars and Acceptance Obligations, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Credit denominated in Canadian Dollars and (to the extent invoiced or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely for purposes of determining the amount of Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collectiondollars.

Appears in 1 contract

Samples: Credit Agreement (Ddi Corp)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers Except as otherwise provided in Section 2.04(e), each Borrower shall make each payment required to be made by them it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.172.16, 2.18 2.17 or 2.192.18, or otherwise) prior to 12:00 noon11:00 a.m., New York City time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender, or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender, on the date when due, in immediately available funds, without set set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the US Administrative AgentsAgent or the Canadian Administrative Agent, as applicable, be deemed to have been received on the next succeeding Business Day (or Canadian Business Day, if applicable) for purposes of calculating interest thereon. All such payments (shall be made to the U.S. US Administrative Agent (in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation, 000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000, Attention: 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx or to the Canadian Administrative Agent (in the case of payments for the account of the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, 000 Xxxxxx its offices at 200 Xxx Xxxxxx, Xxxxx 0000Xxxxxxx, XxxxxxXxxxxxx, XX 00000as applicable, Attention: Xxxx Xxxxxx except payments to be made directly to any the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.17Section 2.16, 2.18, 2.19 2.17 or 2.18 and 9.04 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to the other Loan Documents shall be made to the Persons specified thereinthereto. Each Administrative Agent and Collateral Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day (or Canadian Business Day, if applicable), the date for payment shall be extended to the next succeeding Business Day (or Canadian Business Day, if applicable), and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. US Dollars or CDN Dollars; provided , as applicable. At all times that payments full cash dominion is in effect pursuant to Section 7.3 of principal of and interest on Canadian Prime Loansthe US Security Agreement, LC Disbursements denominated in Canadian Dollars and Acceptance Obligations, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Credit denominated in Canadian Dollars and (to the extent invoiced or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely solely for purposes of determining the amount of Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collectioncollection as provided in Section 2.13(d).

Appears in 1 contract

Samples: Credit Agreement (Cellu Tissue Holdings, Inc.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers shall make each payment required to be made by them hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, 2.18 or 2.19, or otherwise) prior to 12:00 noon2:00 p.m., New York Chicago time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender, or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender, on the date when due, in immediately available funds, without set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentsAgent or the Canadian Administrative Agent, as applicable, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the U.S. Administrative Agent (in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation, 000 Xxxxxx 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxXxxxxxx, XX 00000Xxxxxxxx, Attention: Xxxx Xxxxxxexcept (i) payments of principal, interest, fees or reimbursements of LC Disbursements relating to any Canadian Loan or Canadian Letter of Credit shall be made to the Canadian Administrative Agent (in the case of payments for the account of the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, its offices at 000 Xxxxxx Xxx Xxxxxx, Xxxxx 0000Bank Plaza, XxxxxxFloor 18, XX 00000Toronto M57 2J2 Canada, Attention: Xxxx Xxxxxx except (ii) payments to be made directly to any an Issuing Bank or Swingline Lender as expressly provided herein shall be made to such Issuing Bank or Swingline Lender, and except that (iii) payments pursuant to Sections 2.172.15, 2.182.16, 2.19 2.17 and 9.04 9.3 shall be made directly to the Persons entitled thereto and payments pursuant to the other Loan Documents shall be made to the Persons specified thereinthereto. Each of the Administrative Agent and Collateral the Canadian Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient recipient, in like funds, promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. Dollars; provided that payments of principal of and interest on Canadian Prime Loansthe currency in which the applicable Obligations are denominated, LC Disbursements denominated and, if not otherwise specified, in Canadian Dollars and Acceptance Obligations, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Credit denominated in Canadian Dollars and (to the extent invoiced or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely for purposes of determining the amount of Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collectiondollars.

Appears in 1 contract

Samples: Credit Agreement (Vitran Corp Inc)

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Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers Each Borrower shall make each payment required to be made by them it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, 2.18 or 2.19, or otherwise) or under any other Loan Document prior to 12:00 noon, New York time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender, or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender, Local Time on the date when due, in immediately available funds, without set set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentsApplicable Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made (i) in the same currency in which the applicable Credit Event was made and (ii) to the U.S. Administrative Agent (at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 or, in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation, 000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000, Attention: Xxxx Xxxxxx, or to a Credit Event under the Canadian Administrative Agent (in the case of payments for the account of Tranche, the Canadian Administrative Agent, the ’s Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, 000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000, Attention: Xxxx Xxxxxx Dollar Payment Office except payments to be made directly to any the applicable Issuing Bank or the applicable Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.172.15, 2.182.16, 2.19 2.17 and 9.04 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to the other Loan Documents shall be made to the Persons specified thereinthereto. Each Administrative Agent and Collateral The Applicable Agent shall distribute any such payments denominated in the same currency received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. Dollars; provided that , other than payments of principal of and interest on Canadian Prime Loans, LC Disbursements denominated in Canadian Dollars and Acceptance Obligations, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Tranche Revolving Credit denominated Exposure which shall be made in Canadian Dollars and (with respect to Canadian Tranche Revolving Loans made in Canadian Dollars to the extent invoiced Canadian Borrower, or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely for purposes of determining the amount of Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral shall be applied made in whole or U.S. Dollars if advanced to either Borrower in part against the Obligations, on the day of receipt, subject to actual collectionU.S. Dollars.

Appears in 1 contract

Samples: Credit Agreement (Quad/Graphics, Inc.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers Each Borrower shall make each payment required to be made by them it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.172.16, 2.18 Section 2.17 or 2.19Section 2.18, or otherwise) prior to 12:00 noon, New York time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank Agent (if such payment is made in respect of US Loans or any U.S. Lender, Letters of Credit) or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative AgentAgent (if such payment is made in respect of Canadian Revolving Loans) prior to 11:00 a.m., the Canadian Issuing Bank or any Canadian LenderChicago time, on the date when due, in immediately available funds, without set off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative AgentsAgent or the Canadian Administrative Agent (as applicable), be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments to the Administrative Agent shall be made to the U.S. Administrative Agent (in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation120 South LaSalle Street, 000 Xxxxxx Xxxxxx8th Floor, Xxxxx 0000Mail Code IL1-1190, XxxxxxChicago, XX Illxxxxx 00000, Attention: Xxxx Xxxxxx, or to the Canadian Administrative Agent (in the case of payments for the account of the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, 000 Xxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, XX 00000, Attention: Xxxx Xxxxxx except xxxxpt payments to be made directly to any Issuing Bank or Swingline the Ixxxxxx Xxxx xx Xxxxxxxxe Lender as expressly provided herein and except that payments pursuant to Sections Section 2.16, Section 2.17, 2.18, 2.19 Section 2.18 and 9.04 Section 9.3 shall be made directly to the Persons entitled thereto and thereto. All payments pursuant to the other Loan Documents Canadian Administrative Agent shall be made to the Persons specified thereinat its offices at Royal Bank Plaza, South Tower, 200 Bay Street, Suite 1800, Toronto, Ontario MJ5 2J2. Each Administrative Agent and Collateral Agent The Administratxxx Xxxxx xx xxx Xxxxxxxx Xxxxxxxxxxxxxx Xxxxx (xx xpplicable) shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. Dollars; provided that payments Dollars (unless such payment is a payment of principal of and or interest on Canadian Prime C$ Denominated Loans, LC Disbursements denominated in Canadian Dollars and Acceptance Obligationswhich case such payments shall be made in C$). At all times that full cash dominion is in effect pursuant to Section 7.3 of the US Security Agreement, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Credit denominated in Canadian Dollars and (to the extent invoiced or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely solely for purposes of determining the amount of US Revolving Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral owned by the US Borrowers shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collection. At all times that full cash dominion is in effect pursuant the terms and conditions of the Canadian Security Agreement, solely for purposes of determining the amount of Canadian Revolving Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral owned by the Canadian Borrowers shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Stewart & Stevenson Funding Corp.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers shall make each payment required to be made by them hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, 2.18 or 2.19, or otherwise) prior to 12:00 noon2:00 p.m., New York Chicago time, in case of payments to be made to the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender, or 12:00 noon, Toronto time, in case of payments to be made to the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender, on the date when due, in immediately available funds, without set off or counterclaim. All payments hereunder shall be made in dollars except that all payments in respect of Loans (and interest thereon) and LC Exposures to be made to the Canadian Lenders or the Canadian Administrative Agent shall be made in the same currency in which such Loan was made or Letter of Credit issued. All such payments shall be made and allocated, in the case of the U.S. Loans, for the account of the U.S. Lenders, and in the case of the Canadian Loans, for the account of its Canadian Lenders, in each case pro rata in accordance with the respective unpaid principal amounts of the U.S. Loans and the U.S. LC Exposure or the Canadian Loans and the Canadian LC Exposure, as the case may be, made to the applicable Borrower held by them. Any amounts received after such time on any date may, in the discretion of the Administrative AgentsAgent or the Canadian Administrative Agent, as applicable, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the U.S. Administrative Agent (in the case of payments for the account of the U.S. Administrative Agent, the U.S. Issuing Bank or any U.S. Lender) at its offices at General Electric Capital Corporation, 000 Xxxxxx 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxXxxxxxx, XX 00000Xxxxxxxx, Attention: Xxxx Xxxxxxexcept (i) with respect to payments of Canadian Loans, or LC Disbursements of any Issuing Bank in respect of Canadian Letters of Credit, fronting fees payable to any Issuing Bank in respect of Canadian Letters of Credit, the Canadian Administrative Agent (in the case of payments for the account of the Canadian Administrative Agent, the Canadian Issuing Bank or any Canadian Lender) at c/o General Electric Capital Corporation, its offices at 000 Xxxxxx Xxx Xxxxxx, Xxxxx 0000Bank Plaza, XxxxxxFloor 18, XX 00000Toronto M57 2J2 Canada, Attention: Xxxx Xxxxxx except and (ii) payments to be made directly to any an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.172.15, 2.182.16, 2.19 2.17 and 9.04 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to the other Loan Documents shall be made to the Persons specified thereinthereto. Each of the Administrative Agent and Collateral the Canadian Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient recipient, in like funds, promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in U.S. Dollars; provided that payments of principal of and interest on Canadian Prime Loans, LC Disbursements denominated in Canadian Dollars and Acceptance Obligations, and payments of Acceptance Fees, commitment fees in respect of Canadian Commitments, fees in respect of Canadian Letters of Credit denominated in Canadian Dollars and (to the extent invoiced or otherwise claimed in Canadian Dollars) indemnification and expense reimbursement obligations, shall in each case be payable in Canadian Dollars. Solely for purposes of determining the amount of Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the Obligations, on the day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Jones Apparel Group Inc)

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