Common use of Payments Generally; Pro Rata Treatment; Sharing of Setoffs Clause in Contracts

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. The Borrowers shall make each payment or prepayment required to be made by any Borrower hereunder (whether of principal, interest, fees or otherwise) in Dollars prior to 12:00 noon, New York City time, on the date when due or the date fixed for any prepayment hereunder, in immediately available funds, without setoff, recoupment or counterclaim. Any amounts received after such time on any date may, in the discretion of the Lender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Lender at its offices set forth in Schedule 8.01, except that payments pursuant to Section 8.03 shall be made directly to the Persons entitled thereto. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in Dollars. (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and second, towards payment of principal then due hereunder.

Appears in 1 contract

Samples: Loan Agreement (Next Bridge Hydrocarbons, Inc.)

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Payments Generally; Pro Rata Treatment; Sharing of Setoffs. The Borrowers Borrower shall make each payment or prepayment required to be made by any Borrower it hereunder (whether of principal, interest, fees or, or under Section 2.13, 2.14 or 2.15, or otherwise) in Dollars prior to 12:00 noon1:00 p.m., New York City time, on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without setoff, recoupment setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the LenderAdministrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Lender Administrative Agent at its offices set forth in Schedule 8.01at 000 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to the Swingline Lender as expressly provided herein and except that payments pursuant to Section 8.03 Sections 2.13, 2.14, 2.15 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in Dollarsdollars. (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and second, towards payment of principal then due hereunder.

Appears in 1 contract

Samples: Credit Agreement (Aol Time Warner Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) The Borrowers Borrower shall make each payment or prepayment required to be made by it hereunder or under any Borrower hereunder other Loan Document (whether of principalprincipal of Loans, interestinterest or fees, fees or of amounts payable under Section 3.03, 3.04 or 9.03, or otherwise) in Dollars prior to 12:00 noon, New York City time, on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without setoff, recoupment setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the Lender, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Lender at its offices set forth by wire transfer to Account No. GLA 111231, ABA 000000000, or to such other account as to which the Lender may notify the Borrower in Schedule 8.01, except that payments pursuant writing from time to Section 8.03 shall be made directly to the Persons entitled theretotime. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in Dollarsdollars. (ab) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principalprincipal of Loans, interest interest, fees and fees commissions then due hereunder, such funds shall be applied (i) first, towards payment of interest interest, fees and fees commissions then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, towards payment of principal of Loans then due hereunder.

Appears in 1 contract

Samples: Credit Agreement (Investment Technology Group Inc)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. i. The Borrowers Borrower shall make each payment or prepayment required to be made by it hereunder or under any Borrower hereunder (whether of principal, interest, fees or otherwise) in Dollars other Loan Document prior to 12:00 noonthe 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 p.m., New York City time), on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without any defense, setoff, recoupment or counterclaim. Any amounts received after such time on any date may, in the discretion of the LenderAdministrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to such account as may be specified by the Lender at its offices set forth in Schedule 8.01Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Section 8.03 Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payment 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, Day and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder under each Loan Document shall be made in Dollarsdollars. (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and second, towards payment of principal then due hereunder.

Appears in 1 contract

Samples: Amendment Agreement (Momentive Global Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. The Borrowers Borrower shall make each payment or prepayment required to be made by it hereunder or under any Borrower other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees or otherwise) in Dollars prior to 12:00 noon, New York City time), on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without any defense, setoff, recoupment or counterclaim. Any amounts received after such time on any date may, in the discretion of the LenderAdministrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to such account as may be specified by the Lender at its offices set forth in Schedule 8.01Administrative Agent, except that payments required to be made directly to any Issuing Bank or the Swingline Lender shall be so made, payments pursuant to Section 8.03 Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payment 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, Day and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder under each Loan Document shall be made in Dollarsdollars. (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and second, towards payment of principal then due hereunder.

Appears in 1 contract

Samples: Credit Agreement (NCR Corp)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (%3) The Borrowers Borrower shall make each payment or prepayment required to be made by it hereunder or under any Borrower hereunder (whether of principal, interest, fees or otherwise) in Dollars other Loan Document prior to 12:00 noonthe time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 1:00 p.m., New York City time), on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without setoff, recoupment setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the LenderAdministrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Lender Administrative Agent at its offices set forth in Schedule 8.01at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to an Issuing Bank as expressly provided herein shall be so made and except that payments pursuant to Section 8.03 Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in Dollarsdollars. (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and second, towards payment of principal then due hereunder.

Appears in 1 contract

Samples: Credit Agreement (Encompass Health Corp)

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Payments Generally; Pro Rata Treatment; Sharing of Setoffs. The Borrowers Each Borrower shall make each payment or prepayment required to be made by it hereunder or under any Borrower other Loan Document prior to the time expressly required hereunder or under such other Loan Document for such payment (whether of principalor, interestif no such time is expressly required, fees or otherwise) in Dollars prior to 12:00 noon, New York City time), on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without any defense, setoff, recoupment or counterclaim. Any amounts received after such time on any date may, in the discretion of the LenderAdministrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to such account as may be specified by the Lender at its offices set forth in Schedule 8.01Administrative Agent, except that payments required to be made directly to any Issuing Bank shall be so made, payments pursuant to Section 8.03 Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled theretothereto and payments pursuant to other Loan Documents shall be made to the Persons specified therein. The Administrative Agent shall distribute any such payment 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, Day and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder under each Loan Document shall be made in Dollarsdollars. (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and second, towards payment of principal then due hereunder.

Appears in 1 contract

Samples: Credit Agreement (Murphy USA Inc.)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. The Borrowers Borrower shall make each payment or prepayment required to be made by any Borrower it hereunder (whether of principal, interest, fees fees, or of amounts payable under Section 2.14, 2.15 or 2.16, or otherwise) in Dollars prior to 12:00 noon1:00 p.m., New York City timeLocal Time, on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without setoff, recoupment setoff or counterclaim. Any amounts received after such time on any date mayshall, in unless the discretion of Administrative Agent is able to distribute such amounts to the Lenderapplicable Lenders on such date, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Lender Administrative Agent in New York at its the offices for the Administrative Agent set forth in Schedule 8.01Section 9.01, and except that payments pursuant to Section 8.03 Sections 2.14, 2.15, 2.16 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient in like funds promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder hereunder, whether such payments are made in respect of principal or interest shall be made in Dollars. ; provided that any other payments (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto not in accordance with the amounts of interest and fees then due to such parties, and second, towards payment respect of principal then due hereunderor interest) may be paid in Dollars.

Appears in 1 contract

Samples: Commitment Letter (Central European Media Enterprises LTD)

Payments Generally; Pro Rata Treatment; Sharing of Setoffs. (a) The Borrowers Borrower shall make each payment or prepayment required to be made by it hereunder or under any Borrower hereunder (whether of principal, interest, fees or otherwise) in Dollars other Loan Document prior to 12:00 noonthe time expressly required hereunder or under such other Loan Document for such payment (or, if no such time is expressly required, prior to 1:00 p.m., New York City time), on the date when due or the date fixed for any prepayment hereunderdue, in immediately available funds, without setoff, recoupment setoff or counterclaim. Any amounts received after such time on any date may, in the discretion of the LenderAdministrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Lender Administrative Agent at its offices set forth in Schedule 8.01at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, except payments to be made directly to an Issuing Bank as expressly provided herein shall be so made and except that payments pursuant to Section 8.03 Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in Dollarsdollars. (a) If at any time insufficient funds are received by and available to the Lender to pay fully all amounts of principal, interest and fees then due hereunder, such funds shall be applied first, towards payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and second, towards payment of principal then due hereunder.

Appears in 1 contract

Samples: Credit Agreement (Encompass Health Corp)

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