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, fees, or of amounts payable under Section 2.12, 2.13 or 2.14, or otherwise) not later than 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 0000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, Xxx Xxxx or via wire transfer of immediately available funds to account number 498 173 8296 maintained by Administrative Agent with Citibank N.A. (ABA No. 021-000-089) in New York City (or at such other location or bank account within the City and State of New York as may be designated by Administrative Agent from time to time), except that payments pursuant to Sections 2.12, 2.13, 2.14 and 9.03 shall be made directly to the Persons entitled thereto. 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 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.

Appears in 2 contracts

Samples: Credit Agreement (A.S.V., LLC), Credit Agreement (Manitex International, 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, fees, or of amounts payable under Section 2.122.16, 2.13 2.17 or 2.142.18, or otherwise) not later than 2:00 p.m. (prior to 3:00 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 0000 Xxxxxx xx xxx Xxxxxxxxits offices at 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 000X0, Xxx XxxxXxxxxxx, Xxx Xxxx or via wire transfer of immediately available funds to account number 498 173 8296 maintained by Administrative Agent with Citibank N.A. (ABA No. 021-000-089) in New York City (or at such other location or bank account within the City Xxxxxxxx 00000 and State of New York as may be designated by Administrative Agent from time to time), except that payments pursuant to Sections 2.122.16, 2.132.17, 2.14 2.18 and 9.03 shall be made directly to the Persons entitled thereto. 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 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.

Appears in 2 contracts

Samples: Loan Agreement (Lifetime Brands, Inc), Loan Agreement (Lifetime Brands, 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, interest or fees, or of amounts payable under Section Sections 2.12, 2.13 or 2.14, or otherwise) not later than 2:00 p.m. (prior to 3:00 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 0000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx or via wire transfer of immediately available funds to account number 498 173 8296 maintained by Administrative Agent with Citibank N.A. (ABA No. 021-000-089) in New York City (or at such other location or bank account within the City and State of New York as may be designated by Administrative Agent from time to time)Xxxx, except that payments pursuant to Sections 2.12, 2.13, 2.14 and 9.03 shall be made directly to the Persons entitled thereto. 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 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.

Appears in 2 contracts

Samples: Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide 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, fees, fees or of amounts payable under Section 2.122.15, 2.13 2.16 or 2.142.17, or otherwise) not later than 2:00 p.m. (prior to 1:00 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 Term 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 Term Administrative Agent at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx or via wire transfer of immediately available funds to account number 498 173 8296 maintained by Administrative Agent with Citibank N.A. (ABA No. 021-000-089) in New York City (or at such other location or bank account within the City and State of New York as may be designated by Administrative Agent from time to time)Xxxx, except that payments pursuant to Sections 2.122.15, 2.132.16, 2.14 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Term Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in dollars.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Orchard Supply Hardware Stores Corp), Credit Agreement (Orchard Supply Hardware Stores Corp)

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Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (ae) 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 2.122.15, 2.13 2.16 or 2.142.17, or otherwise) not later than 2:00 p.m. (prior to 3:00 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 0000 Xxxxxx xx xxx its offices at 10 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxx 000, Xxx Xxxx, Xxx Xxxx or via wire transfer of immediately available funds to account number 498 173 8296 maintained by Administrative Agent with Citibank N.A. (ABA No. 021-000-089) in New York City (or at such other location or bank account within the City and State of New York as may be designated by Administrative Agent from time to time), except xxcept that payments pursuant to Sections 2.122.15, 2.132.16, 2.14 2.17 and 9.03 shall be made directly to the Persons entitled thereto. 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 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.

Appears in 1 contract

Samples: Loan Agreement (Akorn Inc)

Payments Generally; Allocation of Proceeds; Sharing of Set-offs. (a) The Borrower shall Borrowers will make each payment required to be made by it them hereunder (whether of principal, interest, fees, or of amounts payable under Section 2.122.15, 2.13 or 2.14Section 2.16, Section 2.17, or otherwise) not later than 2:00 p.m. (prior to 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 will be made to the Administrative Agent at 0000 Xxxxxx xx xxx Xxxxxxxxits offices at Tiger Finance, LLC, 60 Xxxxx 000Xxxxxx, Xxx XxxxXxxxxx, Xxx Xxxx or via wire transfer of immediately available funds to account number 498 173 8296 maintained by Administrative Agent with Citibank N.A. (ABA No. 021-000-089) in New York City (or at such other location or bank account within the City XX 00000, and State of New York as may be designated by Administrative Agent from time to time), except that payments pursuant to Sections 2.12Section 2.15, 2.13Section 2.16, 2.14 Section 2.17, and Section 9.03 shall must be made directly to the Persons entitled thereto. The Administrative Agent shall will distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be is due on a day that is not a Business Day, the date for payment shall will be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall will be payable for the period of such extension. All payments hereunder shall will be made in dollars.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Francesca's Holdings CORP)

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