Common use of Place and Application of Payments Clause in Contracts

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 2 contracts

Samples: Credit Agreement (Accretive Health, Inc.), Credit Agreement (Accretive Health, Inc.)

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Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date dueunder an Application, or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 2 contracts

Samples: Credit Agreement (Diamond Management & Technology Consultants, Inc.), Credit Agreement (Diamond Management & Technology Consultants, Inc.)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion until payment in full thereof, with any balance applied to the relevant LIBOR Portions in the order in which their Interest Periods expire. Any amount repaid under the Revolving Credit may, subject to the terms and conditions hereof, be borrowed, repaid, and borrowed again. No amount repaid on the Term Loan Note, the Mortgage Note, or the Equipment Note may be reborrowed, and partial prepayments of the Term Loan Note, the Mortgage Note, and the Equipment Note (on or after the Equipment Loan Commitment Termination Date) shall be applied to the several remaining installments thereof in the inverse order of maturity. The Borrower hereby irrevocably authorizes the Bank to (ah) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (bi) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 0 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, under an Application or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Cti Industries Corp)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the other Loan Documents, and (ii) second, towards payment of principal. Unless the Borrower Borrowers otherwise directsdirect, principal payments shall be applied first to the Base Rate Portion Term Loan until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expireRevolving Loan. The Each Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the each Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the any Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Reliv International Inc)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable to the Bank under the Loan Documents shall be made to the Bank at its office located at 000 Xxxxx XxXxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxestaxes (except for income or franchise taxes as set forth in Section 11.1 hereof), levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the either Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expire. The Each Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date dueunder an Application, or (ii) after five (5) days prior notice to the Borrowerotherwise); provided, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower Borrowers or any other Person for its failure to do so. The Bank agrees to use reasonable efforts to provide the Borrowers with prompt written notice of any such charge made or Loan advanced pursuant to the preceding sentence.

Appears in 1 contract

Samples: Credit Agreement (Hub Group Inc)

Place and Application of Payments. All payments of principal, interest, fees, principal of and interest on the Loans and all payments of commitment fees and all other Obligations amounts payable under the Loan Documents this Agreement shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) Administrative Agent by no later than 1:00 p.m. 11:00 a.m. (Chicago New York time) on at the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as principal office of the opening Administrative Agent in Chicago, Illinois (or such other location in the State of business on Illinois or New York as the next Business DayAgent may designate to the Borrower) for the benefit of the Banks. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and restrictions or conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding other than taxes on the overall income or gross receipts of any taxes Bank or its Lending Office and imposed on or measured by the net income jurisdiction or any political subdivision or taxing authority thereof, in which such Bank's principal executive office or its Lending Office is located). The Administrative Agent will on the day such funds are received, subject to unavoidable delays, cause to be distributed like funds relating to the payment of principal or interest (ratably in accord with the respective amount of principal and interest then due and owing each Bank)) or fees (ratably in accord with the amount owing each) to the Banks, and like funds relating to the payment of any other amount payable to such Bank, in each case to be applied in accordance with the terms of this Agreement. Unless the Borrower Company otherwise directs, principal payments prepayments shall be applied first to the Base Domestic Rate Portion until payment in full thereof, with any balance applied Loans and then to the LIBOR Portions Eurodollar Loans in the order in which of their Interest Periods expirematurity. The Borrower hereby irrevocably authorizes Unless the Bank Agent shall have been notified by the Company prior to the date a payment of principal or interest is due hereunder that the Company does not intend to make such payment (a) charge from time to time any the right of the Borrower’s deposit accounts with Company to give such a notice to be to only avoid the Bank and/or (bapplication of this sentence and to not in any manner imply that the Company has a right not to make a payment of principal or interest as and when the same becomes due) make Loans from time the Administrative Agent may assume that the Company has made such payment available to time hereunder (the Administrative Agent on such date and any the Administrative Agent may in reliance upon such Loan may be assumption distribute an amount equal to the amount of such payment to the Banks. If such payment is not in fact made available to the Administrative Agent by the Bank hereunder without regard Company and the Administrative Agent has made the amount of such payment available to the provisions Banks, each Bank shall promptly upon demand of Section 7 hereof), the Administrative Agent return the amount of the payment so remitted to it to the Administrative Agent together with interest thereon in respect of each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, day during the period commencing on the date due, or (ii) after five (5) days prior notice such amount was paid to such Bank and ending on but excluding the date the Administrative Agent recovers such amount from such Bank at a rate per annum equal to the Borrower, other fees, costs or expenses payable Federal Funds rate for each day as determined by the Borrower Administrative Agent using the principle set forth in clause (ii)(x) of the definition of the term "Domestic Rate" (or any in the case of its Subsidiaries hereunder or under a day which is not a Business Day, then for the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do sopreceding Business Day).

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Place and Application of Payments. All payments of principal, interest, fees, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 2:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, restrictions and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the Borrower Company otherwise directs, except during the continuance of any Event of Default, principal payments shall be first applied first to the Base Rate Portion of the Note until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions of the Note in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes All payments on any Note (whether voluntary or required) shall be accompanied by any amount due the Bank to (a) charge from time to time any under Section 2.7 hereof, but no acceptance of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made a payment without requiring payment of amounts due under Section 2.7 shall preclude a later demand by the Bank hereunder without regard to the provisions for any amount due it under Section 2.7 in respect of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, such payment. Any amount paid or prepaid on the date dueNote may, or (ii) after five (5) days prior notice subject to all of the Borrowerterms and conditions hereof, other feesbe borrowed, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, repaid and the Bank shall incur no liability to the Borrower or any other Person for its failure to do soborrowed again.

Appears in 1 contract

Samples: Credit Agreement (Oil-Dri Corp of America)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx XxxxxxOne West Main Street, XxxxxxxMadison, Xxxxxxxx Wisconsin (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal All payments shall be applied first to (i) first, towards payment of interest and fees then due hereunder and under the Base Rate Portion until other Loan Documents, and (ii) second, towards payment in full thereof, with any balance applied to the LIBOR Portions in the order in which their Interest Periods expireof principal. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, whether such Obligation is for interest then due on the date due, a Loan or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Air T Inc)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the other Loan Documents, and (ii) second, towards payment of principal. Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion Loan portion until payment in full thereof, with any balance applied to the LIBOR relevant Eurodollar Loan Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principala Reimbursement Obligation, Letter of Credit reimbursement obligationsa Banking Services Obligation, commitment fees and letter of credit fees, in each instance, on the date due, a Rate Management Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Quadrant 4 System Corp)

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Place and Application of Payments. All payments of principal, interest, fees, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx 110 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 2:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, restrictions and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income or gross receipts of the Bank). Unless the Borrower Company otherwise directs, except during the continuance of any Event of Default, principal payments shall be first applied first to the Base Term Note until payment in full thereof, then to the Domestic Rate Portion of the Revolving Credit Note until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions of the Revolving Credit Note in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes All payments on any Note (whether voluntary or required) shall be accompanied by any amount due the Bank to (a) charge from time to time any under Section 2.7 hereof, but no acceptance of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made a payment without requiring payment of amounts due under Section 2.7 shall preclude a later demand by the Bank hereunder without regard for any amount due it under Section 2.7 in respect of such payment. Any amount paid or prepaid on the Revolving Credit Note may, subject to all of the terms and conditions hereof, be borrowed, repaid and borrowed again. No amount paid or prepaid on the Term Note may be reborrowed. All prepayments on the Term Note shall be applied to the provisions several installments thereof in the order of Section 7 hereof), in each case for payment of (i) any interest, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amounts; provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do sotheir maturity.

Appears in 1 contract

Samples: Loan Agreement (Oil Dri Corporation of America)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to Administrative Agent for the Bank benefit of the Lenders at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank Administrative Agent may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank Administrative Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off set‑off or counterclaim and without reduction for, and free from, any and all present or future taxesTaxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes Taxes imposed on or measured by the net income of the BankAdministrative Agent or any Lender). Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion Loans until payment in full thereof, with any balance applied to the LIBOR Portions relevant Eurodollar Loans in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank Administrative Agent to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank Administrative Agent and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank Administrative Agent of behalf of Lenders hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank Administrative Agent shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank Administrative Agent shall incur no liability to the Borrower or any other Person for its failure to do so. Anything contained herein to the contrary notwithstanding (including Section 2.9(b) and (c)), all payments and collections received in respect of the Obligations and all proceeds of the Collateral received, in each instance, by Administrative Agent or any of the Lenders after acceleration or the final maturity of the Obligations or termination of the Commitments as a result of an Event of Default shall be remitted to Administrative Agent and distributed as follows: (i) first, to the payment of any outstanding costs and expenses incurred by Administrative Agent, and any security trustee therefor, in monitoring, verifying, protecting, preserving or enforcing the Liens on the Collateral, in protecting, preserving or enforcing rights under the Loan Documents, and in any event including all costs and expenses of a character which Borrower has agreed to pay Administrative Agent under Section 9.5 (such funds to be retained by Administrative Agent for its own account unless it has previously been reimbursed for such costs and expenses by the Lenders, in which event such amounts shall be remitted to the Lenders to reimburse them for payments theretofore made to Administrative Agent); (ii) second, to the payment of the Swingline Loans, both for principal and accrued but unpaid interest; (iii) third, to the payment of any outstanding interest and fees due under the Loan Documents to be allocated pro rata in accordance with the aggregate unpaid amounts owing to each holder thereof; (iv) fourth, to the payment of principal on the Loans (other than Swingline Loans), unpaid Reimbursement Obligations, and together with amounts to be held by Administrative Agent as collateral security for any outstanding L/C Obligations (until Administrative Agent is holding an amount of cash equal to the then outstanding amount of all such L/C Obligations), and Hedging Liability (provided that funds from, and proceeds of Collateral owned by, any Person directly or indirectly liable for a Swap Obligation and that was not an “eligible contract participant” as defined in the Commodity Exchange Act at the time such Swap Obligation was incurred may not be used to satisfy such Swap Obligation), the aggregate amount paid to, or held as collateral security for, the Lenders and L/C Issuer and, in the case of Hedging Liability, their Affiliates to be allocated pro rata in accordance with the aggregate unpaid amounts owing to each holder thereof; (v) fifth, to the payment of all other unpaid Obligations and all other indebtedness, obligations, and liabilities of Borrower and its Subsidiaries secured by the Loan Documents (including Bank Product Obligations) (provided that funds from, and proceeds of Collateral owned by, any Person directly or indirectly liable for a Swap Obligation and that was not an “eligible contract participant” as defined in the Commodity Exchange Act at the time such Swap Obligation was incurred may not be used to satisfy such Swap Obligation) to be allocated pro rata in accordance with the aggregate unpaid amounts owing to each holder thereof; and (vi) finally, to Borrower or whoever else may be lawfully entitled thereto.

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payablepayable (unless such date is not a Business Day, in which case such payment shall be made on the next succeeding Business Day pursuant to Section 9.2). Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off setoff or counterclaim and without reduction for, and free from, any and all present or 726721136.8 18564250 future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of interest and fees then due hereunder and under the other Loan Documents, and (ii) second, towards payment of principal and all other unpaid Obligations and all other indebtedness, obligations, and liabilities of the Borrower and its Subsidiaries secured by the Loan Documents (including, without limitation, Hedging Liability and Funds Transfer and Deposit Account Liability) to be allocated pro rata in accordance with the aggregate unpaid amounts owing to each holder thereof. Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion portion until payment in full thereof, with any balance applied to the LIBOR Portions relevant Eurodollar portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Cynergistek, Inc)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). All payments shall be applied (i) first, towards payment of fees then due hereunder and under the other Loan Documents, (ii) second, towards payment of interest; (iii) third, towards payment of principal and any amounts due and owing to the Bank pursuant to a hedging arrangement; and (iv) fourth, to any and all other outstanding obligations of the Borrower to the Bank. Unless the Borrower otherwise directs, principal payments shall be applied first to the relevant Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Portions Eurodollar Loans in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Revolving Loans from time to time hereunder (and any such Revolving Loan may be made by the Bank hereunder without regard to the provisions of Section 7 4 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Revolving Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, a Reimbursement Obligation or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Revolving Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Female Health Co)

Place and Application of Payments. All payments of principal, interest, fees, and all other Obligations payable under the Loan Documents shall be made to the Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Bank may specify) no later than 1:00 p.m. (Chicago time) on the date any such payment is due and payable. Payments received by the Bank after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in lawful money of the United States of America, in immediately available funds at the place of payment, without set-off or counterclaim and without reduction for, and free from, any and all present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings, restrictions, and conditions of any nature imposed by any government or any political subdivision or taxing authority thereof (but excluding any taxes imposed on or measured by the net income of the Bank). Unless the Borrower otherwise directs, principal payments shall be applied first to the Base Rate Portion until payment in full thereof, with any balance applied to the LIBOR Fixed Rate Portions in the order in which their Interest Periods expire. The Borrower hereby irrevocably authorizes the Bank to (a) charge from time to time any of the Borrower’s deposit accounts with the Bank and/or (b) make Loans from time to time hereunder (and any such Loan may be made by the Bank hereunder without regard to the provisions of Section 7 hereof), in each case for payment of any Obligation then due and payable (i) any interestwhether such Obligation is for interest then due on a Loan, principal, Letter of Credit reimbursement obligations, commitment fees and letter of credit fees, in each instance, on the date due, under an Application or (ii) after five (5) days prior notice to the Borrower, other fees, costs or expenses payable by the Borrower or any of its Subsidiaries hereunder or under the other Loan Documents, which notice, if requested by the Borrower, shall include a reasonably detailed statement of such amountsotherwise); provided that the Bank shall not be under any obligation to charge any such deposit account or make any such Loan under this Section, and the Bank shall incur no liability to the Borrower or any other Person for its failure to do so.

Appears in 1 contract

Samples: Credit Agreement (Woodhead Industries Inc)

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