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 Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, or fees, or of amounts payable under Section 2.15, 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that the Administrative Agent shall advise the Borrower in writing, except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The 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 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 or any payment of fees, such interest or fees, as applicable, shall be payable for the period of such extension. All payments under any Loan Document shall be made in dollars.

Appears in 3 contracts

Samples: Term Loan Agreement (Tyson Foods, Inc.), Day Term Loan Agreement (Tyson Foods Inc), Term Loan Agreement (Tyson Foods Inc)

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Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 p.m.12:00 noon, New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that to the applicable account designated to the Borrower by the Administrative Agent shall advise the Borrower in writingAgent, except that payments pursuant to Sections 2.152.13, 2.162.14, 2.17 2.15 and 9.03 shall may at the Borrower’s election be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The Administrative Agent shall distribute any such payments received by it it, except as otherwise provided, for the account of any other Person to the appropriate recipient promptly following receipt thereof. If Unless otherwise specified, if any payment under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (TMS International Corp.), Term Loan Credit Agreement (TMS International Corp.), Term Loan Credit Agreement (Tube City IMS CORP)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder and under any other Loan Document (whether of principal, interest, interest or fees, or of amounts payable under Section 2.152.14, 2.15 or 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment 12:00 (or, if no such time is expressly required, prior to 2:00 p.m.noon), New York City 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 Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments (other than (i) Issuing Bank Fees, which shall be paid directly to the Issuing Bank, and (ii) principal of and interest on Swingline Loans, which shall be paid directly to the Swingline Lender except as otherwise provided in Section 2.22(f)) shall be made to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that to the Administrative Agent shall advise applicable account designated to the Borrower in writingby the Agent, 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 thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The Administrative Agent shall distribute any such payments received by it it, except as otherwise provided, for the account of any other Person to the appropriate recipient promptly following receipt thereof. If Except as otherwise expressly provided herein, if any payment under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars. Any payment required to be made by the Agent hereunder shall be deemed to have been made by the time required if the Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Agent to make such payment.

Appears in 2 contracts

Samples: Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section Sections 2.13, 2.14 or 2.15, 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:30 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that to the applicable account designated to the Borrower by the Administrative Agent shall advise the Borrower in writingAgent, except that payments pursuant to Sections 2.152.13, 2.162.14, 2.17 2.15 and 9.03 shall may at the Borrower’s election be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The Administrative Agent shall distribute any such payments received by it it, except as otherwise provided, for the account of any other Person to the appropriate recipient promptly following receipt thereof. If Unless otherwise specified, if any payment under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (Amscan Holdings Inc)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower Borrowers shall make each payment required to be made by it them hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section Sections 2.15, 2.16, 2.17 2.16 or 9.032.17, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 3:00 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that the Administrative Agent shall advise Agent’s Payment Office, or as otherwise directed by the Borrower in writingAdministrative Agent, except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments hereunder of principal or interest in respect of any Loan, and all other payments hereunder and under any each other Loan Document Document, shall be made in dollarsU.S. Dollars.

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section Sections 2.13, 2.14 or 2.15, 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:30 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that to the applicable account designated to the Borrower by the Administrative Agent shall advise the Borrower in writingAgent, except that payments pursuant to Sections 2.152.13, 2.162.14, 2.17 2.15 and 9.03 shall may at the Borrower's election be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The Administrative Agent shall distribute any such payments received by it it, except as otherwise provided, for the account of any other Person to the appropriate recipient promptly following receipt thereof. If Unless otherwise specified, if any payment under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Amscan Holdings Inc)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:30 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that to the applicable account designated to the Borrower by the Administrative Agent shall advise the Borrower in writingAgent, except that payments pursuant to Sections 2.152.13, 2.162.14, 2.17 2.15 and 9.03 shall may at the Borrower’s election be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The Administrative Agent shall distribute any such payments received by it it, except as otherwise provided, for the account of any other Person to the appropriate recipient promptly following receipt thereof. If Unless otherwise specified, if any payment under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Petco Holdings Inc)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower Borrowers shall make each payment required to be made by it them hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:00 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx XxxxxxXxxxxxxx, XxxxxxxxxXxx Xxxx, XX 00000 or at such other address that Xxx Xxxx 00000. Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent shall advise for the Borrower in writing, except that payments pursuant pro rata account of the Secured Parties entitled to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinreceive such payment. The 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in 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: First Lien Term Loan Credit Agreement (Talecris Biotherapeutics Holdings Corp.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, or fees, or of amounts payable under Section 2.15, 2.16, 2.17 2.16 or 9.032.17, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 p.m., New York City Chicago 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx 00 Xxxxx Xxxxxxxx Xxxxxx, XxxxxxxxxXxxxx X0, XX 00000 or at such other address that the Administrative Agent shall advise the Borrower in writingXxxxxxx, Xxxxxxxx, except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollars. Each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans of a given Class and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type (and of the same Class) shall be allocated pro rata among the Lenders in accordance with their respective Applicable Percentages of the applicable Class.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, or fees, or of amounts payable under Section Sections 2.15, 2.16, 2.17 2.16 or 9.032.17, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 3:00 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that the Administrative Agent shall advise Agent’s Payment Office, or as otherwise directed by the Borrower in writingAdministrative Agent, except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under hereunder of principal or interest in respect of any Loan Document and all other payments hereunder and under each other Loan Document, shall be made in dollarsU.S. Dollars.

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

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Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, or fees, or of amounts payable under Section 2.15, 2.16, 2.17 2.16 or 9.032.17, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 p.m., New York City Chicago time), on the date when due, in immediately available funds, without set-off set‑off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative 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 to the Administrative Agent at its offices at 0000 Xxxxxx 00 Xxxxx Xxxxxxxx Xxxxxx, XxxxxxxxxXxxxx X0, XX 00000 or at such other address that the Administrative Agent shall advise the Borrower in writingXxxxxxx, Xxxxxxxx, except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollars. Each Borrowing, each payment or prepayment of principal of any Borrowing, each payment of interest on the Loans of a given Class and each conversion of any Borrowing to or continuation of any Borrowing as a Borrowing of any Type (and of the same Class) shall be allocated pro rata among the Lenders in accordance with their respective Applicable Percentages of the applicable Class.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Unless otherwise specified, the Borrower shall make each payment required to be made by it hereunder and under any other Loan Document (whether of principal, interest, interest or fees, or of amounts payable under Section 2.152.14, 2.15 or 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment 12:00 (or, if no such time is expressly required, prior to 2:00 p.m.noon), New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that to the Administrative Agent shall advise applicable account designated to the Borrower in writingby the Agent, 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 thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The Administrative Agent shall distribute any such payments received by it it, except as otherwise provided, for the account of any other Person to the appropriate recipient promptly following receipt thereof. If Except as otherwise expressly provided herein, if any payment under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars. Any payment required to be made by the Agent hereunder shall be deemed to have been made by the time required if the Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Agent to make such payment.

Appears in 1 contract

Samples: Credit Agreement (TransDigm Group INC)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower Borrowers shall make each payment or prepayment required to be made by it hereunder (whether of principal, interest, or fees, or of amounts payable under Section 2.152.14, 2.15 or 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:00 p.m., New York City eastern time), on the date when duedue or the date fixed for any prepayment hereunder, 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 or at such other address that office designated by the Administrative Agent shall advise the Borrower in writingAgent, except that payments any payment pursuant to Sections Section 2.14, 2.15, 2.16, 2.17 and 2.16 or 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The 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 Unless otherwise provided for herein, if any payment under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollars.

Appears in 1 contract

Samples: Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, or fees, fees or of amounts payable under Section 2.152.10, 2.16, 2.17 2.11 or 9.03, 2.12 or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:00 p.m., New York City Central 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx 100 Xxxxx XxXxxxx Xxxxxx, XxxxxxxxxXxxxxxx, XX 00000 or at such other address that the Administrative Agent shall advise the Borrower in writingXxxxxxxx, except that payments pursuant to Sections 2.152.10, 2.162.11, 2.17 2.12 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinthereto. The 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Kaiser Aluminum Corp)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower Borrowers shall make each payment required to be made by it them hereunder (whether of principal, interest, interest or fees, or of amounts payable under Section 2.13, 2.14 or 2.15, 2.16, 2.17 or 9.03, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 1:00 p.m., New York City 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 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 to the Administrative Agent at its offices at 0000 Xxxxxx XxxxxxXxxxxxxx, XxxxxxxxxXxx Xxxx, XX 00000 or at such other address that Xxx Xxxx 00000. Unless otherwise expressly provided in a Loan Document, all payments by the Borrowers pursuant to each Loan Document shall be made by the Borrowers to the Administrative Agent shall advise for the Borrower in writing, except that payments pursuant pro rata account of the Secured Parties entitled to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto and payments pursuant to other Loan Documents shall be made to the Persons specified thereinreceive such payment. The 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollars.

Appears in 1 contract

Samples: Second Lien Term Loan Credit Agreement (Talecris Biotherapeutics Holdings Corp.)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower Borrowers shall make each payment required to be made by it them hereunder (whether of principal, interest, interest or fees, fees or of amounts payable under Section 2.15, Sections 2.16, 2.17 2.17, 2.18, or 9.039.04, or otherwise) at or prior to the time expressly required hereunder or under any other Loan Document for such payment (or, if no such time is expressly required, prior to 2:00 p.m.12:00 noon, New York City 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 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 to the Administrative Agent at its offices at via wire transfer to account number 000 000 0000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000 maintained by Administrative Agent with Citibank N.A. (ABA No. 021-000-089) in New York City (or at such other address that location or bank account within the City and State of New York as may be designated by Administrative Agent shall advise the Borrower in writing, from time to time) except that payments pursuant to Sections 2.15, 2.16, 2.17 2.17, 2.18 and 9.03 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. The Administrative Agent and the 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 under any Loan Document 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 Day, and, in the case of any payment accruing interest, interest or any payment of fees, such interest or fees, as applicable, thereon shall be payable for the period of such extension. All payments under any Loan Document hereunder shall be made in dollarsDollars. 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 by the Administrative Agent, subject to actual collection.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Joe's Jeans Inc.)

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