Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement and, with respect to fees payable to the Agent and its affiliates, and any payments under Sections 1.08 and 1.09, shall be made in immediately available funds to the Agent (as specified in Section 13.03) for the accounts of the Lenders as provided in Section 1.12 and otherwise herein not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.12). (b) If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 2 contracts
Samples: Term Loan Agreement (Pegasus Satellite Communications Inc), Term Loan Agreement (Pegasus Communications Corp /)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower Borrowers of principal of, and interest on, the Notes Loans and other sums and charges payable under this Agreement and, with respect to fees payable to the Agent and its affiliates, and any payments under Sections 1.08 and 1.09other Loan Documents, shall be made made, without setoff, counterclaim, defense, deduction or rescission, in Dollars via wire transfer in immediately available funds to the Agent (as specified in Section 13.03) Administrative Agent, for the accounts benefit of the Lenders as provided in Section 1.12 and otherwise herein Lenders, for receipt by the Administrative Agent not later than 2:00 P.M. p.m. (New York Timetime), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower Borrowers to make any such payment by such hour shall not constitute a Default default hereunder so long as payment is received later by the close of business on that day, ; provided that any such payment made after 2:00 P.M. p.m. (New York Timetime), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the NotesLoans. The Borrower Borrowers shall, at the time of making each payment under this Agreement or the Notes, specify to the Administrative Agent the Notes Loans or amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails they fail to so specify, or such payments shall be applied to the payment of the installment next falling due; provided, however, that prepayments shall be applied in accordance with Section 2.03; provided, further, that if an Event of Default has occurred and is continuing, the Administrative Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.122.13 and Section 9.04).
(b) . If any payment hereunder under this Agreement or under the Notes any Note or other Loan Document shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Administrative Agent under this Agreement or any Note or other Loan Document for the account of a Lender shall be paid promptly (and in any event within 1 Business Day of receipt) to such Lender, in immediately available funds, for the account of such Lender for the Note Loan in respect to of which such payment is made.
Appears in 2 contracts
Samples: Loan Agreement (Hemisphere Media Group, Inc.), Loan Agreement (Hemisphere Media Group, Inc.)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower Borrowers of principal of, and interest on, the Notes Loans and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to the Agent and its affiliatesincluding without limitation, and any payments under Sections 1.08 2.06, 2.07, 2.09 and 1.092.10, shall be made in immediately available funds to the Collateral Agent (as specified in Section 13.03) for the accounts of the Lenders as provided in Section 1.12 2.13 and otherwise herein and not later than 2:00 12:00 P.M. (New York Time), California time) on the date on which such payment shall become due; provided. Collateral Agent shall promptly, that upon written request following receipt of the payment under this Agreement or Notes, distribute such payment to each affected Lender in accordance with this Agreement, and Borrowers shall not be responsible for Collateral Agent, the Borrower shall be required ’s failure to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lendersdo so. The failure by the Borrower Borrowers to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 12:00 P.M. (New York Time), California time) on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower Borrowers shall, at the time of making each payment under this Agreement or the Notes, specify to the Collateral Agent the Notes or amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of a Default has occurred and is continuing, unless all of the Lenders shall otherwise consent thereto, Collateral Agent may shall distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of accordance with Section 1.122.05(c).
(b) If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Collateral Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time 2:00 P.M. (California time) to any deposit account of the Borrower Borrowers with the Collateral Agent or such Lender, as the case may be. Each payment received by the Collateral Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 2 contracts
Samples: Credit Agreement (Coconut Palm Acquisition Corp.), Credit Agreement (Coconut Palm Acquisition Corp.)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 1.08, 1.10 and 1.091.11, shall be made in immediately available funds to the Agent (as specified in Section 13.0314.03) for the accounts of the Lenders as provided in Section 1.12 1.14 and otherwise herein or in the Fee Letter, not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.121.14).
(b) If . Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may bebe with prompt advice thereof. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 2 contracts
Samples: Credit Agreement (Acme Television LLC), Credit Agreement (Acme Intermediate Holdings LLC)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement and, with respect to fees payable to the Agent and its affiliates, and the Fee Agreements, including without limitation any payments under Sections 1.08 1.11, 1.13 and 1.091.14, shall be made in immediately available funds to the Agent (as specified in Section 13.03) for the accounts of the Lenders as provided in Section 1.12 1.17 and otherwise herein not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.121.17).
(b) If Except as otherwise provided in the definition of "LIBOR Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 2 contracts
Samples: Credit Agreement (Pegasus Communications Corp /), Credit Agreement (Pegasus Communications Corp /)
Payments Under the Notes. (a) All payments and prepayments made ------------ ------------------------ by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 SECTIONS 1.07, 1.09 and 1.091.10, shall be made in immediately available funds to the Agent (as specified in Section 13.03SECTION 14.03) for the accounts of the Lenders as provided in Section 1.12 SECTION 1.13 and otherwise herein or in the Fee Letter, not later than 2:00 P.M. (New York TimeBoston time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York TimeBoston time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.12SECTION 1.13).
(b) If . Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which that is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 1 contract
Samples: Credit Agreement (Voyager Net Inc)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower Borrowers of principal of, and interest on, the Notes Loans and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to the Agent and its affiliatesincluding without limitation, and any payments under Sections 1.08 2.06, 2.07, 2.09 and 1.092.10, shall be made in immediately available funds to the Billing Agent (as specified in Section 13.03) for the accounts of the Lenders as provided in Section 1.12 2.13 and otherwise herein and not later than 2:00 12:00 P.M. (New York Time), California time) on the date on which such payment shall become due; provided. Billing Agent shall promptly, that upon written request following receipt of the payment under this Agreement or Notes, distribute such payment to each affected Lender in accordance with this Agreement, and Borrowers shall not be responsible for Billing Agent, the Borrower shall be required 's failure to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lendersdo so. The failure by the Borrower Borrowers to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 12:00 P.M. (New York Time), California time) on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower Borrowers shall, at the time of making each payment under this Agreement or the Notes, specify to the Billing Agent the Notes Loans or amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of a Default has occurred and is continuing, unless all of the Lenders shall otherwise consent thereto, Billing Agent may shall distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of accordance with Section 1.122.05(c).
(b) If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Billing Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time 2:00 P.M. (California time) to any deposit account of the Borrower Borrowers with the Billing Agent or such Lender, as the case may be. Each payment received by the Billing Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 1 contract
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 SECTIONS 1.08, 1.10 and 1.091.11, shall be made in immediately available funds to the Agent (as specified in Section 13.03) for the accounts of the Lenders Lender as provided herein or in Section 1.12 and otherwise herein the Commitment Letter, not later than 2:00 P.M. (New York TimeCity time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York TimeCity time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent Lender the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent Lender may distribute such payments in such manner as the Required Lenders Lender may direct or, absent such direction, as it determines to be appropriate. Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, subject to the provisions of Section 1.12).
(b) If if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 1 contract
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 SECTIONS 1.08, 1.10 and 1.091.11, shall be made in immediately available funds to the Administrative Agent (as specified in Section 13.03SECTION 14.03) for the accounts of the Lenders as provided in Section 1.12 SECTION 1.14 and otherwise herein and, with respect to fees payable to the Agents and their affiliates, the Fee and Warrant Letters, not later than 2:00 P.M. (New York TimeCity time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York TimeCity time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Administrative Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Administrative Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.12SECTION 1.14).
(b) If . Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Administrative Agent, or any Lender for whose account any such payment is to be made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Administrative Agent or such Lender, as the case may be. Each payment received by the Administrative Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 1 contract
Samples: Credit Agreement (Teletrac Inc /De)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement and, with respect to fees payable to the Agent and its affiliates, and any payments under Sections 1.08 and 1.09, the Fee Agreement shall be made in immediately available funds to the Agent (as specified in Section 13.0313.3) for the accounts of the Lenders as provided in Section 1.12 1.13 and otherwise herein not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.121.13).
(b) If Except as otherwise provided in the definition of "Interest Period" with respect to the Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Pegasus Communications Corp /)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 1.09, 1.11 and 1.091.12, shall be made in immediately available funds to the Administrative Agent (as specified in Section 13.0314.03) for the accounts of the Lenders as provided in Section 1.12 1.15 and otherwise herein and, with respect to fees payable to the Agents and their affiliates, the Fee Letters, not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Administrative Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Administrative Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.121.15).
(b) If . Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Administrative Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Administrative Agent or such Lender, as the case may be. Each payment received by the Administrative Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 1 contract
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 SECTIONS 1.09, 1.11 and 1.091.12, shall be made in immediately available funds to the Administrative Agent (as specified in Section SECTION 13.03) for the accounts of the Lenders as provided in Section 1.12 SECTION 1.15 and otherwise herein herein, not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Administrative Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Administrative Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.12SECTION 1.15).
(b) If . Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Administrative Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Administrative Agent or such Lender, as the case may be. Each payment received by the Administrative Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
Appears in 1 contract
Payments Under the Notes. (a) All payments and prepayments made by the Borrower Borrowers of principal of, and interest on, the Notes and other sums and charges payable under this Agreement and, with respect to fees payable to the Agent and its affiliates, and any payments under Sections 1.08 and 1.09, shall be made via wire transfer in immediately available funds to the Agent (as specified in Section 13.03) Agent, for the accounts benefit of the Lenders as provided in Section 1.12 and otherwise herein Lenders, for receipt by the Agent not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the a Borrower to make any such payment by such hour shall not constitute a Default default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower Borrowers shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower Borrowers hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Majority Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.12SECTION 2.17 and the Intercreditor Agreement).
(b) If . Except as otherwise provided in the definition of "INTEREST PERIOD" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note or other Loan Document for the account of a Lender shall be paid promptly (and in any event within one (1) Business Day of receipt) to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
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Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 1.08, 1.10 and 1.091.11, shall be made in immediately available funds to the Agent (as specified in Section 13.0314.03) for the accounts of the Lenders as provided in Section 1.12 1.14 and otherwise herein and, with respect to fees payable to the Agent and its affiliates, the Fee Letter, not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.121.14).
(b) If . Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
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Payments Under the Notes. (a) All payments and prepayments ------------ ------------------------ made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement andAgreement, with respect to fees payable to including without limitation the Agent and its affiliates, Commitment Fee and any payments under Sections 1.08 SECTIONS 1.07, 1.09 and 1.091.10, shall be made in immediately available funds to the Agent (as specified in Section 13.03SECTION 14.03) for the accounts of the Lenders as provided in Section 1.12 SECTION 1.13 and otherwise herein or in the Fee Letter, not later than 2:00 P.M. (New York TimeBoston time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York TimeBoston time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.12SECTION 1.13).
(b) If . Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which that is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
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Samples: Credit Agreement (Voyager Net Inc)
Payments Under the Notes. (a) All payments and prepayments made by the Borrower of principal of, and interest on, the Notes and other sums and charges payable under this Agreement and, with respect to fees payable to the Agent and its affiliates, the Fee Agreements, including without limitation the Commitment Fee and any payments under Sections 1.08 1.11, 1.13 and 1.091.14, shall be made in immediately available funds to the Agent (as specified in Section 13.03) for the accounts of the Lenders as provided in Section 1.12 1.17 and otherwise herein not later than 2:00 P.M. (New York Time), on the date on which such payment shall become due; provided, that upon written request of the Agent, the Borrower shall be required to make all payments for the accounts of the Lenders as provided in Section 1.12 directly to such Lenders. The failure by the Borrower to make any such payment by such hour shall not constitute a Default hereunder so long as payment is received later that day, provided that any such payment made after 2:00 P.M. (New York Time), on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Notes. The Borrower shall, at the time of making each payment under this Agreement or the Notes, specify to the Agent the Notes or amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails to so specify, or if an Event of Default has occurred and is continuing, the Agent may distribute such payments in such manner as the Required Lenders may direct or, absent such direction, as it determines to be appropriate, subject to the provisions of Section 1.121.17).
(b) If Except as otherwise provided in the definition of "Interest Period" with respect to LIBOR Loans, if any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, such payment shall be deemed due on the next following Business Day and interest shall be payable at the applicable rate specified herein through such extension period. The Agent, or any Lender for whose account any such payment is made, may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any deposit account of the Borrower with the Agent or such Lender, as the case may be. Each payment received by the Agent under this Agreement or any Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds, for the account of such Lender for the Note in respect to which such payment is made.
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