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 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments of US Revolving Loans, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX and (ii) for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collection.

Appears in 5 contracts

Samples: Fourth Amendment (Office Depot Inc), Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot 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 Section 2.16, Section 2.17, or otherwise) to the Applicable Agent prior to 2:00 1:00 p.m., Local Time, on the date when due, in immediately available funds, without set-set off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Applicable Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, shall be made at its offices at (i) for payments of US Revolving Loans000 Xxxxx XxXxxxx Street, US Swingline Loans8th Floor, LC Disbursements of any Issuing Bank in respect of US Letters of CreditMail Code IL1-1190, fronting fees payable Xxxxxxx, Xxxxxxxx 00000 or wire transfer to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to an account designated by the Administrative Agent at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX and (ii) for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx XxxxxxxAgent, except payments to be made directly to an the Issuing Bank with respect to US Letters of Credit or a US Swingline Lender as expressly provided herein and except that payments pursuant to Sections Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments to the Canadian Administrative Agent shall be made at its offices at Royal Bank Plaza, South Tower, 000 Xxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx MJ5 2J2 or wire transfer to an account designated by the Canadian Administrative Agent except payments to be made directly to the Issuing Bank with respect to Canadian Letters of Credit or Canadian Swingline Lender as expressly provided herein and except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments made to the UK Administrative Agent shall be made at its offices at 000 Xxxxxx Xxxx, Xxxxxx, XX0X0XX or wire transfer to an account designated by the UK Administrative Agent except payments to be made directly to the Issuing Bank with respect to UK Letters of Credit or UK Swingline Lender as expressly provided herein and except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments made to the UAE Administrative Agent or the Issuing Bank with respect to UAE Letters of Credit shall be made at its offices as set forth in the UAE Joinder Agreement, except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments made to the Singapore Administrative Agent shall be made at its offices as set forth in the Singapore Joinder Agreement or the Issuing Bank with respect to Singapore Letters of Credit, except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, 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 dollarsDollars (unless such payment is a payment of principal or interest on C$ Denominated Loans, except that all BPS Denominated Loans, Euro Denominated Loans, Singapore Dollar Denominated Loans or Australian Dollar Denominated Loans, in which case such payments in respect of Loans (and interest thereon) and LC Obligations shall be made in C$, British Pounds Sterling, Euros, Singapore Dollars or Australian Dollars, as appropriate). At all times that full cash dominion is in effect pursuant to the same currency in which such Loan was made or Letter terms and conditions of Credit issued. During any Full Cash Dominion Periodthe US Security Agreement, solely for purposes of determining the amount of US Loans available for borrowing purposes, checks (in addition to and cash or other immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral owned by the US Borrower or any Eligible US Subsidiary shall be applied in whole or in part against the applicable US Secured Obligations as on the Business Day after receipt, subject to actual collection. At all times that full cash dominion is in effect pursuant the terms and conditions of 10:00 a.m.the Canadian Security Agreement, Local Timesolely for purposes of determining the amount of Canadian Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Canadian Collateral shall be applied in whole or in part against the Canadian Secured Obligations, on the Business Day after receipt, subject to actual collection. Solely for purposes of determining the amount of UK Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any UK Collateral shall be applied in whole or in part against the UK Secured Obligations, on the Business Day after receipt, subject to actual collection. Solely for purposes of determining the amount of UAE Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any UAE Collateral shall be applied in whole or in part against the UAE Secured Obligations, on the Business Day after receipt, subject to actual collection. Solely for purposes of determining the amount of Singapore Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Singapore Collateral shall be applied in whole or in part against the Singapore Secured Obligations, on the Business Day after receipt, subject to actual collection.

Appears in 4 contracts

Samples: Assignment and Assumption (Edgen Group Inc.), Assignment and Assumption (Edgen Group Inc.), Credit Agreement (Edgen Group 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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European Administrative Disbursement 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 Administrative Disbursement Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments of US U.S. Revolving Loans, US U.S. Swingline Loans, LC Disbursements of any U.S. Issuing Bank in respect of US Letters of CreditBank, fronting fees payable to any U.S. Issuing Bank Bank, Overadvances denominated in respect of US Letters of Creditdollars, US Protective AdvancesAdvances denominated in dollars, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx 00 Xxxxx Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000 XXX and XXX, (ii) for payments of European Canadian Revolving Loans, European Canadian Swingline Loans, LC Disbursements of any the Canadian Issuing Bank in respect of European Letters of CreditBank, fronting fees payable to the an Canadian Issuing Bank Bank, Overadvances denominated in respect Canadian Dollars and Protective Advances denominated in Canadian Dollars, 000 Xxx Xxxxxx, Xxxxx 0000, Royal Xxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxx, Xxxxxxx X0X 0X0 and (iii) for payments of European Letters UK Revolving Loans, UK Swingline Loans, LC Disbursements of Credit and European Protective Advancesthe UK Issuing Bank, fronting fees payable to the European Administrative Agent at UK Issuing Bank, Overadvances denominated in Sterling or Euros and Protective Advances denominated in Sterling or Euros, 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative The Disbursement Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations Letters of Credit shall be made in the same currency in which such Loan was made or such Letter of Credit issued. During any Full Cash Dominion Periodwas issued At all times that full cash dominion is in effect pursuant to Section 7.3 of the U.S. Security Agreement and Section 7.3 of the Canadian Security Agreement and at all times with respect to collections of the UK Borrower and Loan Parties organized under the laws of the United Kingdom, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local TimeObligations, on the Business Day of after receipt, subject to actual collection.

Appears in 2 contracts

Samples: Desktop Appraisal (Cott Corp /Cn/), Desktop Appraisal (Cott Corp /Cn/)

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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European Administrative Disbursement 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 Administrative Disbursement Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments of US U.S. Revolving Loans, US U.S. Swingline Loans, LC Disbursements of any U.S. Issuing Bank in respect of US Letters of CreditBank, fronting fees payable to any U.S. Issuing Bank Bank, Overadvances denominated in respect of US Letters of Creditdollars, US Protective AdvancesAdvances denominated in dollars, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx 00 Xxxxx Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000 XXX and XXX, (ii) for payments of European Canadian Revolving Loans, European Canadian Swingline Loans, LC Disbursements of any the Canadian Issuing Bank in respect of European Letters of CreditBank, fronting fees payable to the an Canadian Issuing Bank Bank, Overadvances denominated in respect Canadian Dollars and Protective Advances denominated in Canadian Dollars, 000 Xxx Xxxxxx, Xxxxx 0000, Royal Xxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxx, Xxxxxxx X0X 0X0 and (iii) for payments of European Letters UK Revolving Loans, UK Swingline Loans, LC Disbursements of Credit and European Protective Advancesthe UK Issuing Bank, fronting fees payable to the European Administrative Agent at UK Issuing Bank, Overadvances denominated in Sterling or Euros and Protective Advances denominated in Sterling or Euros, 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative The Disbursement Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Periodissued At all times that full cash dominion is in effect pursuant to Section 7.3 of the U.S. Security Agreement and Section 7.3 of the Canadian Security Agreement and at all times with respect to collections of the UK Borrower and Loan Parties organized under the laws of the United Kingdom, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local TimeObligations, on the Business Day of after receipt, subject to actual collection.

Appears in 2 contracts

Samples: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)

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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were mademade and shall be made for the account of the relevant Lenders pro rata in accordance with the respective unpaid principal amounts of the Loans made to the applicable Borrower held by them. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, the European Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for with respect to payments of US Revolving Loans, US Swingline Facility A Loans, LC Disbursements of any Issuing Bank in respect of US Facility A Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Facility A Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees in respect of Facility A Letters of Credit payable pursuant to Section 2.12(b), and fees payable pursuant to Section 2.12(c) and all other payments in dollars), to the 116 Administrative Agent at 000 Xxxx Xxxxxxits offices at 00 Xxxxx Xxxxxxxx, Xxx Xxxx00xx Xxxxx, Xxx Xxxx Xxxxxxx, Xxxxxxxx 00000 XXX and XXX, (ii) for with respect to payments of European Revolving Loans, European Swingline Canadian Loans, LC Disbursements of any Issuing Bank in respect of European Canadian Letters of Credit, fronting fees payable to the an any Issuing Bank in respect of European Canadian Letters of Credit, the Canadian Administrative Agent at its offices at 000 Xxx Xxxxxx, Xxxxx Xxxx Xxxxx, Xxxxx 00, Xxxxxxx X00 0X0 Xxxxxx and (iii) for payments of Facility B Loans other than Canadian Loans, LC Disbursements of any Issuing Bank in respect of Facility B Letters of Credit and European Protective Advancesother than Canadian Letters of Credit, fronting fees payable to any Issuing Bank in respect of Facility B Letters of Credit other than Canadian Letters of Credit, the European Administrative Agent at 000 Xxxxxx Xxxxits offices at 00 Xxxx Xxxxxx, Xxxxxx XX0X Xxxxx, Xxxxxx X00 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent, the European Administrative Agent and the European Canadian Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations Exposures shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Kate Spade & Co)

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 or under any other Loan Document (whether of principal, interest, fees or fees, reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif no such time is expressly required, prior to 12:00 noon, New York City time, in case of payments to be made to the US Administrative Agent, the Issuing Bank in the United States or any US Lender, or 12:00 noon, London time, in case of payments to be made to the UK Administrative Agent, the Issuing Bank in the United Kingdom or any UK Lender), on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the US Administrative Agent or and the European UK 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 US Administrative Agent or (in the European case of payments for the account of the US Administrative Agent, as applicable, the Issuing Bank in the United States or any US Lender) at its offices at (i) for payments of US Revolving Loans, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX and Xxxx, or to the UK Administrative Agent (ii) in the case of payments for payments the account of European Revolving Loansthe UK Administrative Agent, European Swingline Loans, LC Disbursements of any the Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent United Kingdom or any UK Lender) at 000 100 Xxxxxx Xxxx, Xxxxxx Xxxxx 0, XX0X 0XX, Xxxxxx, Xxxxxx Xxxxxxx, except payments to be made directly to an the Issuing Bank Banks or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. Each of the US Administrative Agent and the European UK Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, recipient promptly following receipt thereof. If any payment hereunder under any Loan Document 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 under each Loan Document with respect to the Borrowers shall be made in dollarsUS Dollars; provided that payments of principal of and interest on UK Revolving Loans, except that all payments commitment fees in respect of Loans UK Revolving Commitments, fees in respect of Letters of Credit denominated in Optional Currency and (to the extent invoiced or otherwise claimed in Optional Currency) indemnification and interest thereon) and LC Obligations expense reimbursement obligations, shall in each case be made payable in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collectionOptional Currency.

Appears in 1 contract

Samples: Credit Agreement (Systemax 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 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except All payments (i) in respect of Loans (and interest thereon) and LC Exposure shall, except as otherwise expressly set forth herein, be made in the same currency in which such Loan was made or Letter of Credit issued, and (ii) in respect of all payments of Loans other amounts payable hereunder or under other Loan Documents shall be paid in Dollars. All such payments shall be made and allocated, (x) in the currency case of the U.S. Loans, for the account of the U.S. Revolving Lenders, pro rata in which accordance with the respective unpaid principal amounts of such U.S. Loans were madeand the U.S. LC Exposure, (y) in the case of the applicable Tranche B Loans, for the account of the Tranche B Revolving Lenders, pro rata in accordance with the respective unpaid principal amounts of such Tranche B Loans and Canadian LC Exposure, and (z) in the case of the applicable Tranche C Loans, for the account of the Tranche C Revolving Lenders, pro rata in accordance with the respective unpaid principal amounts of such Tranche C Loans and European LC Exposure, in each case made to the applicable Borrower held by them. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European Administrative applicable 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx, except that (i) for payments of US Revolving Loans, US Swingline Loans, Tranche B Loans and LC Disbursements of any Issuing Bank in respect of US Letters of Credit, or fronting fees that are payable to any Canadian Issuing Bank in respect of US Letters of CreditBank, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, shall be made to the Administrative Agent at its offices at 000 Xxxx Xxx Xxxxxx, Xxx XxxxXxxxx Bank Plaza, Xxx Xxxx 00000 XXX and South Tower, Suite 1800, Xxxxxxx X0X 0X0 Xxxxxx; (ii) for payments of European Revolving Loans, European Swingline Loans, Tranche C Loans and LC Disbursements of or fronting fees that are payable to any European Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, shall be made to the European Administrative Agent at its offices at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except ; and (iii) payments to be made directly to an Issuing Bank or a Swingline Lender shall be paid as expressly provided herein and except herein; provided that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative applicable Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, promptly following receipt thereof. If any payment 113 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Assignment and Assumption (General Cable Corp /De/)

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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European Administrative Disbursement 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 Administrative Disbursement Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments of US U.S. Revolving Loans, US U.S. Swingline Loans, LC Disbursements of any U.S. Issuing Bank in respect of US Letters of CreditBank, fronting fees payable to any U.S. Issuing Bank Bank, Overadvances denominated in respect of US Letters of Creditdollars, US Protective AdvancesAdvances denominated in dollars, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx 10 Xxxxx Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000 XXX and XXX, (ii) for payments of European Canadian Revolving Loans, European Canadian Swingline Loans, LC Disbursements of any the Canadian Issuing Bank in respect of European Letters of CreditBank, fronting fees payable to the an Canadian Issuing Bank Bank, Overadvances denominated in respect Canadian Dollars and Protective Advances denominated in Canadian Dollars, 200 Xxx Xxxxxx, Xxxxx 0000, Royal Bxxx Xxxxx, Xxxxx Xxxxx, Xxxxxxx, Xxxxxxx X0X 0X0 and (iii) for payments of European Letters UK Revolving Loans, UK Swingline Loans, LC Disbursements of Credit and European Protective Advancesthe UK Issuing Bank, fronting fees payable to the European Administrative Agent at 000 UK Issuing Bank, Overadvances denominated in Sterling or Euros and Protective Advances denominated in Sterling or Euros, 100 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative The Disbursement Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations Letters of Credit shall be made in the same currency in which such Loan was made or such Letter of Credit issued. During any Full Cash Dominion Periodwas issued At all times that full cash dominion is in effect pursuant to Section 7.3 of the U.S. Security Agreement and Section 7.3 of the Canadian Security Agreement and at all times with respect to collections of the UK Borrower and Loan Parties organized under the laws of the United Kingdom, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local TimeObligations, on the Business Day of after receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Cott Corp /Cn/)

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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European Administrative Agent, as applicable, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All Other than payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein, all payments shall be made (i) in the same currency in which the applicable Credit Event was made and (ii) to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx; provided that, (x) in the case of a Credit Event denominated in Canadian Dollars, such payments shall be made to the Administrative Agent or the European Administrative Agent, as applicable, at its ’s offices at 000 Xxx Xxxxxx, Xxxxx Bank Plaza, South Tower, Suite 1800, Xxxxxxx X0X 0X0 Xxxxxx, (iy) for in the case of a Credit Event denominated in Sterling or Euro, such payments of US Revolving Loans, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, shall be made to the Administrative Agent at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX Agent’s Eurocurrency Payment Office for such currency and (iiz) for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European The Administrative 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, in like funds, 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 Notwithstanding the foregoing provisions of this Section, if, after the making of any Credit Event in dollarsany Foreign Currency, except that all payments in respect of Loans (and interest thereon) and LC Obligations shall be made currency control or exchange regulations are imposed in the same country which issues such currency with the result that the type of currency in which such Loan the Credit Event was made (the “Original Currency”) no longer exists, or Letter any Borrower is not able to make payment to the Administrative Agent for the account of the Lenders in such Original Currency, or the terms of this Agreement require the conversion of such Credit issued. During any Full Cash Dominion PeriodEvent into U.S. Dollars, solely for purposes then all payments to be made by such Borrower hereunder in such currency shall, to the fullest extent permitted by law, instead be made when due in U.S. Dollars in an amount equal to the U.S. Dollar Amount (as of determining the amount date of Loans available for borrowing purposesrepayment) of such payment due, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections it being the intention of items the parties hereto that the Borrowers take all risks of payment and proceeds the imposition of any Collateral shall be applied such currency control or exchange regulations or conversion, and each Borrower agrees to indemnify and hold harmless the Swingline Lender, the Issuing Bank, the Administrative Agent and the Lenders from and against any loss resulting from any Credit Event made to or for the benefit of such Borrower denominated in whole a Foreign Currency that is not repaid to the Swingline Lender, the Issuing Bank, the Administrative Agent or the Lenders, as the case may be, in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collectionOriginal Currency.

Appears in 1 contract

Samples: Credit Agreement (Belden 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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were mademade and shall be made for the account of the relevant Lenders pro rata in accordance with the respective unpaid principal amounts of the Loans made to the applicable Borrower held by them. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, the European Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for with respect to payments of US Revolving Loans, US Swingline Facility A Loans, LC Disbursements of any Issuing Bank in respect of US Facility A Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Facility A Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees in respect of Facility A Letters of Credit payable pursuant to Section 2.12(b), and fees payable pursuant to Section 2.12(c) and all other payments in dollars), to the Administrative Agent at 000 Xxxx Xxxxxxits offices at 00 Xxxxx Xxxxxxxx, Xxx Xxxx00xx Xxxxx, Xxx Xxxx Xxxxxxx, Xxxxxxxx 00000 XXX and XXX, (ii) for with respect to payments of European Revolving Loans, European Swingline Canadian Loans, LC Disbursements of any Issuing Bank in respect of European Canadian Letters of Credit, fronting fees payable to the an any Issuing Bank in respect of European Canadian Letters of Credit, the Canadian Administrative Agent at its offices at 000 Xxx Xxxxxx, Xxxxx Xxxx Xxxxx, Xxxxx 00, Xxxxxxx X00 0X0 Xxxxxx and (iii) for payments of Facility B Loans other than Canadian Loans, LC Disbursements of any Issuing Bank in respect of Facility B Letters of Credit and European Protective Advancesother than Canadian Letters of Credit, fronting fees payable to any Issuing Bank in respect of Facility B Letters of Credit other than Canadian Letters of Credit, the European Administrative Agent at 000 Xxxxxx Xxxxits offices at 00 Xxxx Xxxxxx, Xxxxxx XX0X Xxxxx, Xxxxxx X00 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent, the European Administrative Agent and the European Canadian Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations Exposures shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Fifth & Pacific Companies, 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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were mademade and shall be made for the account of the relevant Lenders pro rata in accordance with the respective unpaid principal amounts of the Loans made to the applicable Borrower held by them. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, the European Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for with respect to payments of US Revolving Loans, US Swingline Facility A Loans, LC Disbursements of any Issuing Bank in respect of US Facility A Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Facility A Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees in respect of Facility A Letters of Credit payable pursuant to Section 2.12(b), and fees payable pursuant to Section 2.12(c) and all other payments in dollars), to the Administrative Agent at 000 Xxxx Xxxxxxits offices at 00 Xxxxx Xxxxxxxx, Xxx Xxxx00xx Xxxxx, Xxx Xxxx Xxxxxxx, Xxxxxxxx 00000 XXX and XXX, (ii) for with respect to payments of European Revolving Loans, European Swingline Canadian Loans, LC Disbursements of any Issuing Bank in respect of European Canadian Letters of Credit, fronting fees payable to the an any Issuing Bank in respect of European Canadian Letters of Credit, the Canadian Administrative Agent at its offices at 000 Xxx Xxxxxx, 113 Royal Xxxx Xxxxx, Xxxxx 00, Xxxxxxx X00 0X0 Xxxxxx and (iii) for payments of Facility B Loans other than Canadian Loans, LC Disbursements of any Issuing Bank in respect of Facility B Letters of Credit and European Protective Advancesother than Canadian Letters of Credit, fronting fees payable to any Issuing Bank in respect of Facility B Letters of Credit other than Canadian Letters of Credit, the European Administrative Agent at its offices at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent, the European Administrative Agent and the European Canadian Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations Exposures shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Claiborne Liz Inc)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrowers 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, or otherwise) or under any other Loan Document prior to 2:00 p.m.(i) in the case of payments denominated in U.S. Dollars, 12:00 noon, Local Time and (ii) in the case of payments denominated in a Foreign Currency, 12:00 noon, Local Time, in the city of the Administrative Agent’s Eurocurrency Payment Office for such currency, in each case on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments of US Revolving Loansin the same currency in which the applicable Credit Event was made (or where such currency has been converted to euro, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(ceuro) and all other payments in dollars, (ii) to the Administrative Agent at 000 Xxxx its offices at 10 Xxxxx Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000 XXX and (ii) xr, in the case of a Credit Event denominated in a Foreign Currency, the Administrative Agent’s Eurocurrency Payment Office for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxxsuch currency, except payments to be made directly to an the applicable Issuing Bank or a the Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European The Administrative 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, in like funds, 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 Notwithstanding the foregoing provisions of this Section, if, after the making of any Credit Event in dollarsany Foreign Currency, except that all payments in respect of Loans (and interest thereon) and LC Obligations shall be made currency control or exchange regulations are imposed in the same country which issues such currency with the result that the type of currency in which such Loan the Credit Event was made (the “Original Currency”) no longer exists or Letter the Borrower is not able to make payment to the Administrative Agent for the account of Credit issued. During any Full Cash Dominion Periodthe Lenders in such Original Currency, solely for purposes then all payments to be made by the Borrower hereunder in such currency shall instead be made when due in U.S. Dollars in an amount equal to the U.S. Dollar Amount (as of determining the amount date of Loans available for borrowing purposesrepayment) of such payment due, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections it being the intention of items the parties hereto that the Borrower takes all risks of payment and proceeds the imposition of any Collateral shall be applied in whole such currency control or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collectionexchange regulation.

Appears in 1 contract

Samples: Credit Agreement (Quad/Graphics, 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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments of US Revolving Loans, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx Xxxxxx00 Xxxxx Xxxxxxxx Xx., Xxx XxxxXxxxx X0, Xxx Xxxx Xxxxxxx, XX 00000 XXX and (ii) for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx00 Xxxx Xxxxxx, Xxxxxx XX0X Xxxxx, Xxxxxx, X00 0XX, Xxxxxx Xxxxxxx, except payments to be made directly to an Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral that are deposited in a Collection Account shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Office Depot 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, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-set off or counterclaim. Except All payments (i) in respect of Loans (and interest thereon) and LC Exposure shall, except as otherwise expressly set forth herein, be made in the same currency in which such Loan was made or Letter of Credit issued, and (ii) in respect of all payments of Loans other amounts payable hereunder or under other Loan Documents shall be paid in Dollars. All such payments in respect of Revolving Loans and LC Exposure shall be made and allocated, pro rata in accordance with the currency in which respective unpaid principal amounts of such Loans were madeand the LC Exposure of each Lender. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European each Applicable 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx, except that (i) for payments of US Canadian Loans and LC Disbursements or fronting fees that are payable to any Canadian Issuing Bank, shall be made to the Canadian Administrative Agent at its offices at 000 Xxx Xxxxxx, Xxxxx Xxxx Xxxxx, Xxxxx 00, Xxxxxxx X00 0X0 Xxxxxx; (ii) payments of U.K. Revolving Loans, US Swingline Loans, French Revolving Loans and LC Disbursements of any Issuing Bank in respect of US Letters of Credit, and fronting fees that are payable to any European Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX and (ii) for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, shall be made to the European Administrative Agent at its offices at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxx, except provided that, in relation to any payments in connection thereof made by French Borrowers, such payments shall not be made to an account opened in the name of or for the benefit of such recipient in a financial institution situated in a Non-Cooperative Jurisdiction; and (iii) payments to be made directly to an Issuing Bank or a Swingline Lender shall be paid as expressly provided herein and except herein; provided that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled theretothereto and provided that, in relation to any payments in connection thereof made by French Borrowers, such payments shall not be made to an account opened in the name of or for the benefit of such recipient in a financial institution situated in a Non-Cooperative Jurisdiction. Each of the Administrative Agent and the European Applicable Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, promptly following receipt thereof, provided that, in relation to the French Facility, such payments by the Applicable Administrative Agent shall not be made to an account opened in the name of or for the benefit of such recipient in a financial institution situated in a Non-Cooperative Jurisdiction. 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 dollars, except that all payments in respect of Loans (and interest thereon) and LC Obligations shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collection.

Appears in 1 contract

Samples: Joinder Agreement (TMS International Corp.)

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 Section 2.16, Section 2.17, or otherwise) to the Applicable Agent prior to 2:00 1:00 p.m., Local Time, on the date when due, in immediately available funds, without set-set off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Applicable Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, shall be made at its offices at (i) for payments of US Revolving Loans000 Xxxxx XxXxxxx Street, US Swingline Loans8th Floor, LC Disbursements of any Issuing Bank in respect of US Letters of CreditMail Code IL1-1190, fronting fees payable Xxxxxxx, Xxxxxxxx 00000 or wire transfer to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to an account designated by the Administrative Agent at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX and (ii) for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx XxxxxxxAgent, except payments to be made directly to an the Issuing Bank with respect to US Letters of Credit or a US Swingline Lender as expressly provided herein and except that payments pursuant to Sections Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments to the Canadian Administrative Agent shall be made at its offices at Royal Bank Plaza, South Tower, 000 Xxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxx MJ5 2J2 or wire transfer to an account designated by the Canadian Administrative Agent except payments to be made directly to the Issuing Bank with respect to Canadian Letters of Credit or Canadian Swingline Lender as expressly provided herein and except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments made to the UK Administrative Agent shall be made at its offices at 120 Xxxxxx Xxxx, Xxxxxx, XX0X0XX xr wire transfer to an account designated by the UK Administrative Agent except payments to be made directly to the Issuing Bank with respect to UK Letters of Credit or UK Swingline Lender as expressly provided herein and except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments made to the UAE Administrative Agent or the Issuing Bank with respect to UAE Letters of Credit shall be made at its offices as set forth in the UAE Joinder Agreement, except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. All payments made to the Singapore Administrative Agent shall be made at its offices as set forth in the Singapore Joinder Agreement or the Issuing Bank with respect to Singapore Letters of Credit, except that payments pursuant to Section 2.15, Section 2.16, Section 2.17 and Section 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, 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 dollarsDollars (unless such payment is a payment of principal or interest on C$ Denominated Loans, except that all BPS Denominated Loans, Euro Denominated Loans, Singapore Dollar Denominated Loans or Australian Dollar Denominated Loans, in which case such payments in respect of Loans (and interest thereon) and LC Obligations shall be made in C$, British Pounds Sterling, Euros, Singapore Dollars or Australian Dollars, as appropriate). At all times that full cash dominion is in effect pursuant to the same currency in which such Loan was made or Letter terms and conditions of Credit issued. During any Full Cash Dominion Periodthe US Security Agreement, solely for purposes of determining the amount of US Loans available for borrowing purposes, checks (in addition to and cash or other immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral owned by the US Borrower or any Eligible US Subsidiary shall be applied in whole or in part against the applicable US Secured Obligations as on the Business Day after receipt, subject to actual collection. At all times that full cash dominion is in effect pursuant the terms and conditions of 10:00 a.m.the Canadian Security Agreement, Local Timesolely for purposes of determining the amount of Canadian Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Canadian Collateral shall be applied in whole or in part against the Canadian Secured Obligations, on the Business Day after receipt, subject to actual collection. Solely for purposes of determining the amount of UK Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any UK Collateral shall be applied in whole or in part against the UK Secured Obligations, on the Business Day after receipt, subject to actual collection. Solely for purposes of determining the amount of UAE Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any UAE Collateral shall be applied in whole or in part against the UAE Secured Obligations, on the Business Day after receipt, subject to actual collection. Solely for purposes of determining the amount of Singapore Loans available for borrowing purposes, checks and cash or other immediately available funds from collections of items of payment and proceeds of any Singapore Collateral shall be applied in whole or in part against the Singapore Secured Obligations, on the Business Day after receipt, subject to actual collection.

Appears in 1 contract

Samples: Credit Agreement (Edgen Murray II, L.P.)

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 or under any other Loan Document (whether of principal, interest, fees or fees, reimbursement of LC Disbursements, or of amounts payable under Section 2.152.14, 2.16 2.15 or 2.172.16, or otherwise) prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif no such time is expressly required, prior to (i) 12:00 noon, New York City time, in case of payments to be made to the US Administrative Agent, the Issuing Bank in the United States or any Lender in respect of any Obligation of the US Borrowers, (ii) 12:00 noon, London time, in case of payments to be made to the European Administrative Agent, the Issuing Bank in the United Kingdom or any Lender in respect of any Obligation or the UK Borrowers) or (iii) 12:00 noon, London time, in case of payments to be made to the European Administrative Agent, the Issuing Bank in the United Kingdom or in the Kingdom of Belgium or any Lender in respect of any Obligation or the Belgian Borrower), on the date when due, in immediately available funds, without set-off off, deduction or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the US Administrative Agent or and the European 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 US Administrative Agent or (in the European case of payments on account of the US Borrowers for the account of the US Administrative Agent, as applicable, the Issuing Bank in the United States or any Lender) at its offices at (i) for payments of US Revolving Loans, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX and (ii) for payments of European Revolving LoansXxxx, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, or to the European Administrative Agent (in the case of payments on account of the UK Borrowers or Belgian Borrower for the account of the European Administrative Agent, the Issuing Bank in the United Kingdom or any Lender) at 000 Xxxxxx Xxxx, Xxxxxx Xxxxx 0, XX0X 0XX, Xxxxxx, Xxxxxx Xxxxxxx, except payments to be made directly to an the Issuing Bank or a Swingline Lender Banks as expressly provided herein and except that payments pursuant to Sections 2.14, 2.15, 2.16, 2.17 2.16 and 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. Each of the US Administrative Agent and the European Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, recipient promptly following receipt thereof. If any payment hereunder under any Loan Document 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 under each Loan Document with respect to the Borrowers shall be made in dollarsUS Dollars; provided that (i) payments of principal of and interest on UK Revolving Loans, except that all payments commitment fees in respect of Loans UK Revolving Sublimits, fees in respect of Letters of Credit denominated in Dollars or an Optional Currency and (to the extent invoiced or otherwise claimed in any currency) indemnification and expense reimbursement obligations, shall in each case be payable in the applicable currency and (ii) payments of principal of and interest thereonon Belgian Revolving Loans, commitment fees in respect of Belgian Revolving Sublimits, fees in respect of Letters of Credit denominated in Dollars or an Optional Currency and (to the extent invoiced or otherwise claimed in any currency) indemnification and LC Obligations expense reimbursement obligations, shall in each case be made payable in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collectioncurrency.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

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, or otherwise) in the case of payments in Dollars prior to 2:00 p.m., Local TimeDallas time, and in the case of payments in the Available Foreign Currency, prior to 12:00 noon, London time, on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments with respect to Borrowings made, interest, fees, reimbursement of US Revolving LoansLC Disbursements, US Swingline Loans, LC Disbursements of or any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, any Available Foreign Currency to the Administrative Agent at 000 Xxxx Xxxxxxits offices at X.X. Xxxxxx Europe Limited, Xxx XxxxLoan & Agency Services, Xxx Xxxx 00000 XXX and (ii) for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX0XX Xxxxxx Xxxxxxx in the Available Foreign Currency in which such Borrowing was made and (ii) with respect to Borrowings made, Xxxxxx interest, fees, reimbursement of LC Disbursements, or any other payments in Dollars to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000-0000, Attention: Loan and Agency Operations [XxXxxxxxx Xxxxxxxx] [Telecopy No. (000) 000-0000], except payments to be made directly to an the Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 10.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like fundsfor the amount of its applicable Lending Office, 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 dollarsDollars except with respect to Loans and LC Disbursements denominated in Available Foreign Currencies which shall be prepaid or repaid, except that all payments in respect of Loans (and including interest thereon) and LC Obligations shall be made , in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collectionAvailable Foreign Currency.

Appears in 1 contract

Samples: Credit Agreement (Furmanite Corp)

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, or otherwise) prior to (i) in the case of payments denominated in Dollars, 2:00 p.m., Chicago time and (ii) in the case of payments denominated in a Foreign Currency, 2:00 p.m., Local Time, in the city of the Administrative Agent’s Eurocurrency Payment Office for such currency, in each case on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in counterclaim (but without prejudice to the currency in which such Loans were madeBorrowers’ rights with respect to any Defaulting Lender under Section 2.20 hereof). Any amounts received after such time on any date may, in the discretion of the Administrative Agent or the European 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 Administrative Agent or the European Administrative Agent, as applicable, at its offices at (i) for payments of US Revolving Loansin the same currency in which the applicable Credit Event was made (or where such currency has been converted to Euro, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(cEuro) and all other payments in dollars, (ii) to the Administrative Agent at 000 Xxxx its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000 XXX and (ii) or, in the case of a Credit Event denominated in a Foreign Currency, the Administrative Agent’s Eurocurrency Payment Office for payments of European Revolving Loans, European Swingline Loans, LC Disbursements of any Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxx Xxxxxxxsuch currency, except payments to be made directly to an the applicable Issuing Bank or a Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. Each of the Administrative Agent and the European The Administrative 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, in like funds, 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 Notwithstanding the foregoing provisions of this Section, if, after the making of any Credit Event in any Foreign Currency, currency control or exchange regulations are imposed in the country which issues such currency with the result that the type of currency in which the Credit Event was made (the “Original Currency”) no longer exists or any Borrower is not able to make payment to the Administrative Agent for the account of the Lenders in such Original Currency, then all payments to be made by such Borrower hereunder in such currency shall instead be made in dollarsDollars no later than the first Business Day following the date that such payment would otherwise be due hereunder in an amount equal to the Dollar Amount (as of the date of repayment) of such payment due, except it being the intention of the parties hereto that the Borrowers take all payments in respect risks of Loans (and interest thereon) and LC Obligations shall be made in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds imposition of any Collateral shall be applied in whole such currency control or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collectionexchange regulations.

Appears in 1 contract

Samples: Credit Agreement (Cooper Tire & Rubber Co)

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 or under any other Loan Document (whether of principal, interest, fees or fees, reimbursement of LC Disbursements, or of amounts payable under Section 2.152.14, 2.16 2.15 or 2.172.16, or otherwise) prior to 2:00 p.m.the time expressly required hereunder or under such other Loan Document for such payment (or, Local Timeif no such time is expressly required, prior to 12:00 noon, New York City time, in case of payments to be made to the US Administrative Agent, the Issuing Bank in the United States or any US Lender, or 12:00 noon, London time, in case of payments to be made to the UK Administrative Agent, the Issuing Bank in the United Kingdom or any UK Lender), on the date when due, in immediately available funds, without set-off or counterclaim. Except as otherwise expressly set forth herein, all payments of Loans shall be paid in the currency in which such Loans were made. Any amounts received after such time on any date may, in the discretion of the US Administrative Agent or and the European UK 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 US Administrative Agent or (in the European case of payments for the account of the US Administrative Agent, as applicable, the Issuing Bank in the United States or any US Lender) at its offices at (i) for payments of US Revolving Loans, US Swingline Loans, LC Disbursements of any Issuing Bank in respect of US Letters of Credit, fronting fees payable to any Issuing Bank in respect of US Letters of Credit, US Protective Advances, fees payable pursuant to Section 2.12(a), participation fees payable pursuant to Section 2.12(b), fees payable pursuant to 2.12(c) and all other payments in dollars, to the Administrative Agent at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 XXX and Xxxx, or to the UK Administrative Agent (ii) in the case of payments for payments the account of European Revolving Loansthe UK Administrative Agent, European Swingline Loans, LC Disbursements of any the Issuing Bank in respect of European Letters of Credit, fronting fees payable to the an Issuing Bank in respect of European Letters of Credit and European Protective Advances, to the European Administrative Agent United Kingdom or any UK Lender) at 000 Xxxxxx Xxxx, Xxxxxx Xxxxx 0, XX0X 0XX, Xxxxxx, Xxxxxx Xxxxxxx, except payments to be made directly to an the Issuing Bank or a Swingline Lender Banks as expressly provided herein and except that payments pursuant to Sections 2.14, 2.15, 2.16, 2.17 2.16 and 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. Each of the US Administrative Agent and the European UK Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient, in like funds, recipient promptly following receipt thereof. If any payment hereunder under any Loan Document 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 under each Loan Document with respect to the Borrowers shall be made in dollarsUS Dollars; provided that payments of principal of and interest on UK Revolving Loans, except that all payments commitment fees in respect of Loans UK Revolving Commitments, fees in respect of Letters of Credit denominated in Optional Currency and (to the extent invoiced or otherwise claimed in Optional Currency) indemnification and interest thereon) and LC Obligations expense reimbursement obligations, shall in each case be made payable in the same currency in which such Loan was made or Letter of Credit issued. During any Full Cash Dominion Period, solely for purposes of determining the amount of Loans available for borrowing purposes, checks (in addition to immediately available funds applied pursuant to Section 2.10(b)) from collections of items of payment and proceeds of any Collateral shall be applied in whole or in part against the applicable Obligations as of 10:00 a.m., Local Time, on the Business Day of receipt, subject to actual collectionOptional Currency.

Appears in 1 contract

Samples: Credit Agreement (Systemax Inc)

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