Common use of Payments Generally; Pro Rata Treatment; Sharing of Set-offs Clause in Contracts

Payments Generally; Pro Rata Treatment; 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 9.03, 9.04 or 9.05, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 13 contracts

Samples: Assignment and Assumption (TE Connectivity Ltd.), Senior Credit Agreement (Tyco Electronics Ltd.), Senior Credit Agreement (Tyco International LTD /Ber/)

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Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03Sections 2.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 1:00 p.m., New York City Los Angeles, California 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits main offices in Cleveland, Ohio, except that payments pursuant to Sections 9.032.16, 9.042.17, 9.05 2.18 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 1:00 p.m., Los Angeles, California time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the Federal Funds Effective Rate. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 8 contracts

Samples: Credit Agreement (Strategic Storage Trust IV, Inc.), Credit Agreement (Strategic Storage Growth Trust, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.)

Payments Generally; Pro Rata Treatment; 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 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City timeLocal 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such accounts as may be specified by the Administrative Agent’s Office, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made and payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16, 2.18 and 10.03 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 under this Agreement and hereunder of principal or interest in respect of any Loan or LC Disbursement shall, except as otherwise provided herein, be made in the currency of such Loan or LC Disbursement; all other Loan Documents payments hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 8 contracts

Samples: Credit Agreement (Blackstone Inc.), Credit Agreement (Blackstone Inc.), Credit Agreement (Blackstone Group Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to no later than 2:00 p.m.pm, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at to the Administrative Agent’s Officeapplicable account designated to the Borrower, except payments to be made directly to an Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.14, 9.04, 9.05 2.15 or 2.16 and 10.03 Section 9.03 shall be made directly to the Persons entitled theretothereto and payments made 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 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 8 contracts

Samples: Security Agreement (Windstream Services, LLC), Credit Agreement (Windstream Corp), Credit Agreement (Windstream Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 p.m.12:00 noon, New York City Eastern 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such office designated by the Administrative Agent’s Office, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other hereunder of (i) principal or interest in respect of any Loan Documents shall be made in dollars Dollars, (ii) reimbursement obligations shall be made in New York, New Yorkthe currency in which the Letter of Credit in respect of which such reimbursement obligation exists is denominated and (iii) any other amount due hereunder or under another Loan Document shall be made in Dollars.

Appears in 7 contracts

Samples: Credit Agreement (Shyft Group, Inc.), Credit Agreement (Shyft Group, Inc.), Credit Agreement (Spartan Motors Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 1:00 p.m., New York City Boston, Massachusetts 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits main offices in Cleveland, Ohio, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 1:00 p.m., Boston, Massachusetts time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the Federal Funds Effective Rate. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 7 contracts

Samples: Mezzanine Credit Agreement, Credit Agreement (Griffin Capital Essential Asset REIT, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) 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 date of such payment or on the next succeeding Business Day for purposes of calculating interest and fees thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at Citicorp North America, 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxxxx Partners L.P. Account Officer, except payments to be made directly to an Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 9.04 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 6 contracts

Samples: Credit Agreement (Transcontinental Gas Pipe Line Company, LLC), Credit Agreement (Williams Companies Inc), Credit Agreement (Northwest Pipeline Gp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.13, 9.04 Section 2.14 or 9.05Section 2.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 0000 Xxxxx Xxxx, OPS III, Xxx Xxxxxx, Xxxxxxxx 00000 (Email address: Xxxxxx.Xxxxx.Xxxxxxx@Xxxx.xxx), except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.13, 9.04Section 2.14, 9.05 Section 2.15 and 10.03 Section 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 ratably among the appropriate recipient parties entitled thereto 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 5 contracts

Samples: Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp), Credit Agreement

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 5 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Endo Pharmaceuticals Holdings Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03, 9.04 or 9.05, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. p.m., New York City time, on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 5 contracts

Samples: Credit Agreement (TYCO INTERNATIONAL PLC), Revolving Credit Agreement (ADT Corp), Credit Agreement (Tyco International LTD)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 1:00 p.m., New York City Pittsburgh, Pennsylvania 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at Three PNC Plaza, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxxxxx, Xxxxxxxxxxxx 00000-0000, and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 1:00 p.m., Pittsburgh, Pennsylvania time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the Federal Funds Effective Rate. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Credit Agreement (Education Realty Operating Partnership L P), Assignment and Assumption (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City time, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Credit Agreement (Chicos Fas Inc), Credit Agreement (Informatica Corp), Credit Agreement (Arbitron Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.11:00 A.M., New York City Dallas, Texas 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices in New York, New York, except payments to be made directly to an Issuing Bank or the Administrative Agent’s Office, Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it and any payments received under the terms of the Subsidiary Guaranty 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 4 contracts

Samples: Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City time, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx X0, Xxxxxxx, Xxxxxxxx 00000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it and any payments received under the terms of the Subsidiary Guaranty 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 3:00 p.m., New York City timelocal time at the place of payment, 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 AgentCBNA, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent CBNA at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, or such other location as CBNA shall designate from time to time, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 8.5 shall be made directly to the Persons entitled thereto. The Administrative Agent CBNA 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars or, in New Yorkthe case of principal of and interest on any Loan denominated in an Alternative Currency, New Yorkthe applicable Alternative Currency, as the case may be. Except as provided in clause (c) below, each payment or prepayment of principal or payment of interest in respect of a Borrowing of Revolving Loans shall be allocated ratably among the parties entitled thereto.

Appears in 4 contracts

Samples: Credit Facility Agreement (Bristol Myers Squibb Co), Credit Facility Agreement (Bristol Myers Squibb Co), Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 p.m.12:00 noon, New York City time, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Credit Agreement (Layne Christensen Co), Credit Agreement (Ch Energy Group Inc), Credit Agreement (Layne Christensen Co)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.16, 9.04 Section 2.17 or 9.05Section 2.18, or otherwise) prior to 2:00 p.m., New York City time, 12:00 noon 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at JPMorgan Loan Services, 00 Xxxxx Xxxxx Xx., 19th Floor, Chicago, Illinois 60603-2003, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.16, 9.04Section 2.17, 9.05 Section 2.18 and 10.03 Section 11.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Counterpart Agreement (Exco Resources Inc), Assignment and Assumption (Exco Resources Inc), Assignment and Assumption (Exco Resources Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.3:00 pm, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at Xxx Xxxxxxxxxxx Xxxxx, 0xx Xxxxx, 000 Xxxxxx Xxxxx West, Brooklyn, New York 11201, except payments to be made directly to an Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 4 contracts

Samples: Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03Sections 2.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 1:00 p.m., New York City Los Angeles, California 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits main offices in Cleveland, Ohio, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 1:00 p.m., Los Angeles, California time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the Federal Funds Effective Rate. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 4 contracts

Samples: Credit Agreement (Strategic Storage Trust II, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.12, 9.04 2.13 or 9.052.14, or otherwise) prior to 2:00 p.m.the time expressly required hereunder for such payment or, if no such time is expressly required, prior to 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 solely for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the applicable account specified in Schedule 2.15 or, in any such case, to such other account as the Administrative Agent’s OfficeAgent shall from time to time specify in a notice delivered to the Borrower, except that payments pursuant to Sections 9.032.12, 9.042.13, 9.05 2.14 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 4 contracts

Samples: Credit Agreement (Maxlinear Inc), Credit Agreement (Cavium, Inc.), Credit Agreement (Tessera Holding Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City timeLocal Time, on the date when due, in immediately available funds, without set off setoff 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxxxxx XX, 00000-0000 or at such other address that the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for advise the account of any other Person to the appropriate recipient promptly following receipt thereofBorrower in writing. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars. 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 New York, New Yorkaccordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

Appears in 4 contracts

Samples: Assignment and Assumption (Ingredion Inc), Assignment and Assumption (Ingredion Inc), Term Loan Credit Agreement (Ingredion Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 Section 2.16 or 9.05Section 2.17, or otherwise) prior to 2:00 p.m., New York City time, 12:00 noon 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at Mail Code IL1-0010, 00 Xxxxx Xxxxxxxx, Xxxxx 00, Xxxxxxx, Xxxxxxxx, 00000-0000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.15, 9.04Section 2.16, 9.05 Section 2.17 and 10.03 Section 11.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 3 contracts

Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Petroleum Development Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder and, unless stated otherwise therein, under any of the other Loan Documents (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to an Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 3 contracts

Samples: Credit Agreement (Tennessee Gas Pipeline Co), Credit Agreement (El Paso Corp/De), Credit Agreement (El Paso Natural Gas Co)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) 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 Managing Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Managing Administrative Agent at the Administrative Agent’s Officeits offices at 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to Swingline Lenders as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 shall be made directly to the Persons entitled thereto. The Managing 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. Each payment (including each prepayment) on account of principal of and interest on the Revolving Loans shall be made pro rata according to the respective outstanding principal amounts of the Revolving Loans then held by the Lenders. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 3 contracts

Samples: Day Credit Agreement (Countrywide Financial Corp), Credit Agreement (Countrywide Financial Corp), Credit Agreement (Countrywide Financial Corp)

Payments Generally; Pro Rata Treatment; 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 9.03, 9.04 or 9.05, or otherwise) prior to 2:00 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 3 contracts

Samples: Assignment and Assumption, Assignment and Assumption (Covidien PLC), Assignment and Assumption (Covidien PLC)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (or any successor primary office), except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 3 contracts

Samples: Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp), Credit Agreement (Td Ameritrade Holding Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 Section 2.16 or 9.05Section 2.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at the address set forth for the Administrative Agent’s Agent in Section 10.01 in the State of New York (its “Principal Office”), except payments to be made directly to an Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.15, 9.04Section 2.16(a), 9.05 Section 2.17 and Section 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 3 contracts

Samples: Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 Section 2.15 or 9.05Section 2.16, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 0000 X. X.X. Xxxxxx Xxxx., Mail Code D1109-019, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000, Attention: Syndication Agency Services, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.14, 9.04Section 2.15, 9.05 Section 2.16 and 10.03 Section 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 3 contracts

Samples: Credit Agreement (Magellan Midstream Partners, L.P.), Assignment and Assumption (Magellan Midstream Partners Lp), Assignment and Assumption (Magellan Midstream Partners Lp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) 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 Managing Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Managing Administrative Agent at the Administrative Agent’s Officeits offices at 200 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to Swingline Lenders as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 shall be made directly to the Persons entitled thereto. The Managing 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. Each payment (including each prepayment) on account of principal of and interest on the Revolving Loans shall be made pro rata according to the respective outstanding principal amounts of the Revolving Loans then held by the Lenders. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 2 contracts

Samples: Credit Agreement (Countrywide Financial Corp), Credit Agreement (Countrywide Financial Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 3:00 p.m., New York City timelocal time at the place of payment, 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 AgentCNAI, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent CNAI at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, or such other location as CNAI shall designate from time to time, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 8.5 shall be made directly to the Persons entitled thereto. The Administrative Agent CNAI 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars or, in New Yorkthe case of principal of and interest on any Loan denominated in an Alternative Currency, New Yorkthe applicable Alternative Currency, as the case may be. Except as provided in clause (c) below, each payment or prepayment of principal or payment of interest in respect of a Borrowing of Revolving Loans shall be allocated ratably among the parties entitled thereto.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Bristol Myers Squibb Co), Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

Payments Generally; Pro Rata Treatment; 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 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars. Each payment (including each prepayment) by the Borrower on account of principal of and interest on the Loans shall be made pro rata according to the respective outstanding principal amounts of the Loans then held by the Lenders.

Appears in 2 contracts

Samples: Term Loan Agreement (Brixmor Operating Partnership LP), Term Loan Agreement (Brixmor Property Group Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.03Sections 2.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at First Union National Bank, Charlotte, North Carolina, ABA no. 000000000, account no. 0000000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(c), 9.042.10(d), 9.05 2.13, 2.14, 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 2 contracts

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

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) prior to 2:00 1:00 p.m., New York Cleco Corporation First Amended and Restated Credit Agreement 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at One Wall Street, New York, New York, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except payments to be made to the Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.033.5, 9.043.6, 9.05 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 2 contracts

Samples: Credit Agreement (Cleco Corp), Credit Agreement (Cleco Power LLC)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower Issuer shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or fees, or of amounts payable under Section 9.03, 9.04 Sections 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m., New York City time, p.m. on the date when due, (other than in the case of PIK Interest) in immediately available funds, without set off free and clear of any defenses, rights of set-off, counterclaim, or counterclaimwithholding or deduction of taxes. 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s OfficePayment Account, except that payments pursuant to Sections 9.032.15, 9.04, 9.05 2.16 and 10.03 10.3 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 Except as otherwise provided herein, 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 made payable for the period of such extension. If any payment on a Eurodollar Note becomes due and payable on a day other than a Business Day, the maturity thereof shall be extended to the next succeeding Business Day unless the result of such extension would be to extend such payment into another calendar month, in which event such payment shall be made on the immediately preceding Business Day. All payments under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 2 contracts

Samples: Note Purchase Agreement (Root, Inc.), Note Purchase Agreement (Root Stockholdings, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.038.03, 9.04 8.04 or 9.058.05, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. p.m., New York City time, on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.038.03, 9.048.04, 9.05 8.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (TYCO INTERNATIONAL PLC), Credit Agreement (TYCO INTERNATIONAL PLC)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.03Sections 2.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. 000000000, account no. 0000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 2 contracts

Samples: Security Agreement (Jato Communications Corp), Security Agreement (Jato Communications Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. 000000000, account no. 0000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 10 X. Xxxxxxxx, Chicago, Illinois, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except that payments pursuant to Sections 9.033.3(b) (with respect to the fronting fee and other amounts payable to the Issuing Bank), 9.043.3(c), 9.05 3.5, 3.6, 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 p.m.12:00 noon, New York City Phoenix, Arizona time, on the date when due, in immediately available funds, without set off setoff 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 200 Xxxxx Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxx 00000, Attention: Commercial Banking AZ1-1178, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (White Electronic Designs Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Payment Office, except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 NAI-1534445371v61539529111v7 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars. Each payment (including each prepayment) by the Borrower on account of principal of and interest on the Loans shall be made pro rata according to the respective outstanding principal amounts of the Loans then held by the Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (Cooper Companies, Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.11:00 A.M., New York City Chicago, Illinois 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices in New York, New York, except payments to be made directly to an Issuing Bank or the Administrative Agent’s Office, Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it and any payments received under the terms of the Subsidiary Guaranty 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Eagle Materials Inc)

Payments Generally; Pro Rata Treatment; 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 9.032.12, 9.04 2.13, 2.14, 2.15 or 9.05, 10.04 or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at in accordance with account instructions as provided to the Parent from time to time by the Administrative Agent’s Office, except that payments pursuant to Sections 9.032.12, 9.042.13, 9.05 2.14, 2.15 and 10.03 10.04 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; provided that at the Parent’s election in connection with any prepayment of any Loans pursuant to Section 2.08, such prepayment shall not, so long as no Default or Event of Default then exists, be applied to any Loan of a Defaulting Lender. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Teva Pharmaceutical Industries LTD)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03Sections 2.15, 9.04 2.16 or 9.052.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 270 Park Avenue, New York, New York, except payments to be made dirxxxxx xx xxx Xxxxxxxxx Xxxxxx xx xxpressly provided herein and except that payments pursuant to Sections 9.032.15, 9.04, 9.05 2.16 or 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars; provided that payments of principal and interest in New York, New Yorkrespect of a Loan denominated in an Optional Currency shall be made in such Optional Currency.

Appears in 1 contract

Samples: Credit Agreement (Leucadia National Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.13, 9.04 Section 2.14 or 9.05Section 2.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 0000 Xxxx Xxxx Xxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxx 00000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.13, 9.04Section 2.14, 9.05 Section 2.15 and 10.03 Section 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 ratably among the appropriate recipient parties entitled thereto 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Natural Resource Partners Lp)

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Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 Section 2.15 or 9.05Section 2.16, or otherwise) prior to 2:00 p.m., New York City time12:00 noon, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at Mail Code IL1-0634, 21 South Xxxxx XXXXXXX REVOLVING CREDIT AGREEMENT Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.14, 9.04Section 2.15, 9.05 Section 2.16 and 10.03 Section 11.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Credit Agreement (Carrizo Oil & Gas Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower Borrowers shall make each payment required to be made by it hereunder (whether of principal, interest or interest, fees, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made (i) in dollars and (ii) to the Administrative Agent at the Administrative Agent’s Officeits offices at Capital One, National Association, 000 Xxxx Xxx., 00xx Xx., Xxx Xxxx, XX 00000, except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 9.03 shall be made directly to the Persons entitled thereto. 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 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars. Each payment (including each prepayment) by the Borrowers on account of principal of and interest on the Term Loans shall be made pro rata according to the respective outstanding principal amounts of the Term Loans then held by the Term Loan Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (GPT Operating Partnership LP)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or fees, under any other Loan Document on or of amounts payable under Section 9.03, 9.04 or 9.05, or otherwise) prior to 2:00 the time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, on or prior to 3:00 p.m., New York City time), on the date when due, in immediately available funds, without set off any defense, setoff, recoupment 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such account as may be specified by the Administrative Agent’s Office, except ; provided that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 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. The Administrative Agent shall distribute any such payments payment received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. thereof If any payment hereunder or under any other 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, Day and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Junior Priority Intercreditor Agreement (Mens Wearhouse Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 Section 2.16 or 9.05Section 2.17, or otherwise) prior to 2:00 p.m., New York City time, 12:00 noon 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at Mail Code IL1-0010, 00 Xxxxx Xxxxxxxx, Xxxxx 00, Xxxxxxx, Xxxxxxxx, 00000-0000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.15, 9.04Section 2.16, 9.05 Section 2.17 and 10.03 Section 11.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Credit Agreement (Clayton Williams Energy Inc /De)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.10:00 a.m., New York City Los Angeles, California time, on the date when due, in immediately available funds, without set off set-off, counterclaim, recoupment or counterclaimdeduction of any kind. 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices located at 400 Xxxxx Xxxxxxxx Xxxxxx, Los Angeles, California 90071 (or such other office as the Administrative Agent’s OfficeAgent shall from time to time designate to the Borrower), except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 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. 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 or under any other 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 commitments fees or any payment accruing interest, such commitment fees and such interest thereon shall be payable for the period of such extension. All payments under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Tucson Electric Power Co)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000, except payments to be made directly to the Administrative Agent’s Office, applicable Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (FMC Technologies Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.12, 9.04 2.13 or 9.052.14, or otherwise) prior to 2:00 p.m.12:00 noon, New York City or London time, as applicable, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at applicable Agency Account for the Administrative Agent’s Officeaccount of the Lenders, except that payments pursuant to Sections 9.032.12, 9.042.13, 9.05 or 2.14 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars, except that with respect to any Loan that is denominated in New Yorkan Alternate Currency, New Yorkall payments of principal and interest with respect to such Loan shall be made in the Alternate Currency in which such Loan is denominated; provided, however, that with respect to any Loan denominated in a National Currency, all payments with respect thereto may be made in Euros in accordance with Section 1.05.

Appears in 1 contract

Samples: Credit Agreement (Kerr McGee Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, fees or of amounts payable under Section 9.032.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 1:00 p.m., New York City local time, at place of payment, 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; provided that no amount . All such payments shall be deemed made to have been received on the next succeeding Business Day if the Borrower provides such account of the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on as the date when due. All Administrative Agent shall specify by notice to the Borrower and, unless and until otherwise specified, all such payments shall be made to the Administrative Agent at the its Administrative Agent’s Office, except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17, 9.4 and 10.03 9.5 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. Except as otherwise specified in this Agreement, each such payment shall be made in Dollars. 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 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Credit Agreement (Coty Inc.)

Payments Generally; Pro Rata Treatment; 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 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx, except that payments of interest on and principal of Swingline Loans shall be made directly to the Administrative Agent’s OfficeSwingline Lender at its offices at 00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, and except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Contifinancial Corp)

Payments Generally; Pro Rata Treatment; 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 9.032.12, 9.04 2.13 or 9.052.14, or otherwise) prior to 2:00 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 Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits designated office, except that payments pursuant to Sections 9.032.12, 9.042.13, 9.05 2.14 and 10.03 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 or 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 under this Agreement and the other or prepayments of any Loan Documents shall be made in dollars the currency in New Yorkwhich such Loan is denominated, New Yorkall reimbursements of Letters of Credit shall be made in Dollars and all other payments under each Loan Document shall be made in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Aspen Technology Inc /De/)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, interest or fees, or of amounts payable under Section 9.03Sections 3.5 , 9.04 3.6 , 3.7 or 9.0510.3 , or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 00 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxxxx, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except that payments pursuant to Sections 9.033.5 , 9.043.6 , 9.05 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Employment Agreement

Payments Generally; Pro Rata Treatment; 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 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 000 Xxxx Xxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxx, except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 9.03 shall be made directly to the Persons entitled thereto. The If the Administrative Agent shall distribute any such payments received by it receives a payment for the account of any other Person a Lender prior to 12:00 noon, New York, New York time, such payment must be delivered to the appropriate recipient promptly following receipt thereofLender on the same day and if it is not so delivered due to the fault of the Administrative Agent, the Administrative Agent shall pay to the Lender entitled to the payment interest thereon for each day after payment should have been received by the Lender pursuant hereto until the Lender receives payment, at the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Credit Agreement (Weingarten Realty Investors /Tx/)

Payments Generally; Pro Rata Treatment; 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 9.03, 9.04 or 9.05, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. p.m., New York City time, on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Assignment and Assumption (TE Connectivity Ltd.)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City Houston, Texas 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 Agentrecipient, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All other such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xx., Xxxxxxx, Xxxxx 00000, except payment to be made directly to the Administrative Agent’s OfficeIssuing Bank or Swingline Lenders as expressly provided herein or in any other Loan Document, and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Us Concrete Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. _____________, account no. ______________, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of L/C Disbursements, or of amounts payable under Section 9.03Sections 2.15, 9.04 2.16 or 9.052.17, or otherwise) prior to 2:00 p.m., New York City time, 12:00 noon 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at Mail Code IL1-0010, 00 Xxxxx Xxxxxxxx, Xxxxx 00, Xxxxxxx, Xxxxxxxx 00000-0000, except payments to be made directly to the Administrative Agent’s Office, L/C Issuer or Swing Line Lender as expressly provided herein and except that payments pursuant to Sections 9.032.15, 9.042.16, 9.05 2.17 and 10.03 10.04 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Credit Agreement (Concho Resources Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower Each Account Party shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03, 9.04 2.06 or 9.05, 2.12 or otherwise, except as expressly set forth in Section 2.05) prior to 12:00 noon (or, in the case of any prepayment or repayment in full of all outstanding Letters of Credit and/or all outstanding Loans, 2:00 p.m.), New York City time, on the date when due, in immediately available funds, without set set-off or counterclaimcounterclaim in Dollars. 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 0000 Xxxxxx, 0xx xxxxx, Xxxxxxx, Xxxxx 00000, except that payments pursuant to Sections 9.032.06, 9.04, 9.05 2.12 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Credit Facility Agreement (Validus Holdings LTD)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at The Chase Manhattan Bank, New York, New York, ABA no. 000000000, account no. 0000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Winstar Communications Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) 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 setoff 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at such account in New York, New York as the Administrative Agent’s OfficeAgent shall from time to time specify by notice, except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) prior to 2:00 p.m.12:00 noon, New York City or London time, as applicable, 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at applicable Agency Account for the Administrative Agent’s Officeaccount of the Lenders, except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars Dollars, except that with respect to any Loan that is denominated in New Yorkan Alternate Currency, New Yorkall payments of principal and interest with respect to such Loan shall be made in the Alternate Currency in which such Loan is denominated; provided, however, that with respect to any Loan denominated in a National Currency, all payments with respect thereto may be made in Euros in accordance with Section 1.05.

Appears in 1 contract

Samples: Credit Agreement (Kerr McGee Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03Sections 3.02, 9.04 or 9.053.03, 3.04 and 3.05 or otherwise) at or before the time expressly required hereunder or under such 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 off setoff or counterclaim. Any amounts received after such time on any date may, in the reasonable discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Payment Office, except that payments pursuant to Sections 9.033.02, 9.043.03, 9.05 3.04, 3.05 and 10.03 11.04 shall be made directly to the Administrative Agent for the benefit of to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Administrative Agent for the benefit of 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Cenveo, Inc

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.14, 9.04 2.15 or 9.052.16, or otherwise) prior to 2:00 p.m.12:00 noon, New York City timetime (except as otherwise expressly provided in this Agreement), 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 9.032.14, 9.042.15, 9.05 2.16 and 10.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Symetra Financial CORP)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principalprincipal of Loans, LC Disbursements, interest or fees, or of amounts payable under Section 9.03Sections 3.5, 9.04 3.6, 3.7 or 9.0510.3, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its office at 10 S. Xxxxxxxx, Chicago, Illinois, or such other office as to which the Administrative Agent’s OfficeAgent may notify the other parties hereto, except that payments pursuant to Sections 9.033.3(b) (with respect to the fronting fee and other amounts payable to the Issuing Banks), 9.043.3(c), 9.05 3.5, 3.6, 3.7 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Allete Inc)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.03Sections 2.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at First Union National Bank, Charlotte, North Carolina, ABA no. 000000000, account no. 0000000000000, phone no. (000) 000-0000 (or such other account as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Pf Net Communications Inc)

Payments Generally; Pro Rata Treatment; 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 9.032.9,2.13, 9.04 2.14 or 9.052.15, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Officeits offices at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except that payments pursuant to Sections 9.032.13, 9.042.14, 9.05 2.15 and 10.03 10.3 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars dollars. (b) If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, fees and any other amounts then due hereunder, such funds shall be applied (i) first, to pay interest and fees then due hereunder, ratably among the parties entitled thereto in New Yorkaccordance with the amounts of interest and fees then due to such parties, New York.(ii) second, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties, and (iii) third, any other amounts due and owing

Appears in 1 contract

Samples: Credit and Guarantee Agreement

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest or feesinterest, fees or of amounts payable under Section 9.03, 9.04 or 9.05, or otherwise) 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at the Administrative Agent’s Office, except that payments pursuant to Sections 9.03, 9.04, 9.05 and 10.03 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 under this Agreement and the other Loan Documents shall be made in dollars in New York, New York.

Appears in 1 contract

Samples: Credit Agreement (Tyco International LTD /Ber/)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest interest, fees or feesreimbursement of LC Disbursements, or of amounts payable under Section 9.032.16, 9.04 Section 2.17 or 9.05Section 2.18, or otherwise) prior to 2:00 p.m., New York City time, 12:00 noon 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent at its offices at JPMorgan Loan Services, 00 Xxxxx Xxxxxxxx, Xxxxx 00, Xxxxxxx, Xxxxxxxx 00000-0000, except payments to be made directly to the Administrative Agent’s Office, Issuing Bank as expressly provided herein and except that payments pursuant to Sections 9.03Section 2.16, 9.04Section 2.17, 9.05 Section 2.18 and 10.03 Section 11.03 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 under this Agreement and the other Loan Documents hereunder shall be made in dollars in New York, New YorkDollars.

Appears in 1 contract

Samples: Credit Agreement (Range Resources Corp)

Payments Generally; Pro Rata Treatment; Sharing of Set-offs. (a) The Borrower shall make each payment required to be made by it hereunder or under any other Loan Document (whether of principal, interest or fees, or of amounts payable under Section 9.032.13, 9.04 2.14 or 9.052.15, or otherwise) ------------ ---- ---- 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; provided that no amount shall be deemed to have been received on the next succeeding Business Day if the Borrower provides the Administrative Agent with written confirmation of a Federal Reserve Bank reference number no later than 4:00 p.m. on the date when due. All such payments shall be made to the Administrative Agent for the account of Nortel Networks at Bank One, Chicago, Illinois, ABA no. 000000000, account no. 0000000 (or such other account in New York, New York as the Administrative Agent’s OfficeAgent shall from time to time specify by notice), except that payments pursuant to Sections 9.032.10(b), 9.042.10(c), 9.05 2.13, 2.14, ---------------- ------- ---- ---- 2.15 and 10.03 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. 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 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 under this Agreement and the other each Loan Documents Document shall be made in dollars in New York, New Yorkdollars.

Appears in 1 contract

Samples: Credit Agreement (Leap Wireless International Inc)

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