Common use of Performance; Time Clause in Contracts

Performance; Time. Whenever any performance obligation hereunder or under any other Loan Document (other than a payment obligation) shall be stated to be due or required to be satisfied on a day other than a Business Day, such performance shall be made or satisfied on the next succeeding Business Day. For the avoidance of doubt except as otherwise provided herein, initial payments of interest and fees relating to the Obligations (other than amounts due on the Closing Date) shall be due and paid no earlier than the last day of the first full Fiscal Quarter beginning at least 60 days following the Closing Date. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including”; the words “to” and “until” each mean “to but excluding”, and the word “through” means “to and including”. If any provision of this Agreement or any other Loan Document refers to any action taken or to be taken by any Person, or which such Person is prohibited from taking, such provision shall be interpreted to encompass any and all means, direct or indirect, of taking, or not taking, such action. All references herein and in any other Loan Document to time of day shall mean and refer to the time of day in New York, New York.

Performance; Time. Whenever any performance obligation hereunder or under any other Loan Document (other than a payment obligation) shall be stated to be due or required to be satisfied on a day other than a Business Day, such performance shall be made or satisfied on the next succeeding Business Day. For the avoidance of doubt except as otherwise provided herein, initial payments of interest and fees relating to the Obligations (other than amounts due on the Closing Date) shall be due and paid no earlier than the last day of the first full Fiscal Quarter beginning at least 60 days following the Closing Date. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including”; the words “to” and “until” each mean “to but excluding”, and the word “through” means “to and including”. If any provision of this Agreement or any other Loan Document refers to any action taken or to be taken by any Person, or which such Person is prohibited from taking, such provision shall be interpreted to encompass any and all means, direct or indirect, of taking, or not taking, such action. All references herein and in any other Loan Document to at time of day shall mean and refer to the time of day in New York, New York.