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 hereunder and under the other Loan Documents shall be made to the Lender at its office at 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Lender may specify) on the date any such payment is due and payable. Payments received by the Lender after 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 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 Lender). No amount paid or prepaid on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwise, all payments and prepayments of the Term Note shall be applied ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of payment. Unless the Company otherwise directs, principal payments of the Revolving Credit Notes shall be first applied to the applicable Domestic 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.

Appears in 3 contracts

Samples: Credit Agreement (Maf Bancorp Inc), Credit Agreement (Maf Bancorp Inc), Credit Agreement (Maf Bancorp Inc)

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Place and Application of Payments. All payments of principal, interest, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Lender at its office at 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Lender may specify) ), on the date any such payment is due and payable. Payments received by the Lender after 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 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 Lender). No amount paid or prepaid on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwise, all payments and prepayments of the Term Note shall be applied ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of payment. Unless the Company otherwise directs, principal payments of the Revolving Credit Notes a Note shall be first applied to the applicable Domestic 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.

Appears in 2 contracts

Samples: Credit Agreement (Maf Bancorp Inc), Credit Agreement (Maf Bancorp Inc)

Place and Application of Payments. All payments of principal, interest, fees fees, and all other Obligations amounts payable hereunder and under made by the other Loan Documents Borrower shall be made to the Lender at its office at 000 Xxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000 (or at such other place as the Lender may specify) no later than 3:00 p.m. (Chicago time) on the date any such payment is due and payableor as the Lender may otherwise direct. Payments received by the Lender after 2:00 3:00 p.m. (Chicago time) (or after such later time as the Lender may otherwise direct) 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, and, except as provided in Section 9.13, 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 of the Lender). No amount paid or prepaid on the Term Note may be reborrowed, and partial prepayments of the Term Note All payments shall be applied in (a) first, towards payment of interest and fees then due hereunder and under the order other Loan Documents, and (b) second, towards payment of their scheduled maturitiesprincipal. Prior The Borrower hereby irrevocably authorizes the Lender to make Loans from time to time hereunder (and any such Loan may be made by the Lender hereunder without regard to the occurrence provisions of Section 6 hereof), for payment of any obligations under this Agreement then due and payable (whether such payment is for interest then due on a Default Loan or an Event of Defaultotherwise); provided that the Lender shall not be under any obligation to make any such Loan under this Section, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwise, all payments and prepayments of the Term Note shall be applied ratably incur no liability to the outstanding Portions thereof based on the principal amount of each such Portion at the time of payment. Unless the Company otherwise directs, principal payments of the Revolving Credit Notes shall be first applied Borrower or any other Person for its failure to the applicable Domestic Rate Portion until payment in full thereof, with any balance applied to the relevant LIBOR Portions in the order in which their Interest Periods expiredo so.

Appears in 1 contract

Samples: Credit Agreement (Alpha Core Strategies Fund)

Place and Application of Payments. All payments of principal, interest, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 111 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or xr at such other place as the Lender Agent may specify) on the date any such payment is due and payable. Payments received by the Lender Agent after 2:00 p.m. 11:00 a.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 any Lender). No amount paid or prepaid on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwiseExcept as herein provided, all payments and prepayments shall be received by the Agent for the ratable account of the Term Note Lenders and shall be applied promptly distributed by the Agent ratably to the outstanding Portions thereof based Lenders. Principal payments (including prepayments) on the principal amount of each such Portion at the time of payment. Unless the Company otherwise directs, principal payments of the Revolving Credit Notes shall first be first applied to the applicable Domestic Rate Portion of such Notes until payment in full thereof, with any balance applied to the relevant LIBOR Portions of such Notes in the order in which their Interest Periods expire.. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Obligations, in each instance, by the Agent or any of the Lenders after the occurrence of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Short Term Credit Agreement (Anicom Inc)

Place and Application of Payments. All Unless otherwise specified herein, all payments of principal, interest, fees and all other Obligations amounts payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Lender Agent may specify) on the date any such payment is due and payable. Payments received by All amounts payable pursuant to Sections 1.4(e), 2.7, 2.8 or 2.9 hereof shall be paid directly to the Lender after 2:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Daymaking demand under such Section. 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 or 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 Lender). No amount paid or prepaid Payments received by the Agent after 12:00 noon (Chicago time) shall be deemed received as of the opening of business on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturitiesnext Business Day. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwiseExcept as herein provided, all payments and prepayments shall be received by the Agent for the ratable account of the Term Note Lenders and shall be applied promptly distributed by the Agent ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of paymentLenders. Unless the Company otherwise directs, principal payments of the Revolving Credit Notes shall be first applied to the applicable Domestic 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.. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Obligations and all proceeds of the Collateral received, in each instance, by the Agent or any of the Lenders after the occurrence of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Hk Systems Inc)

Place and Application of Payments. All payments of principal, interest, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 111 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or xx at such other place as the Lender Agent may specify) on the date any such payment is due and payable. Payments received by the Lender Agent after 2:00 p.m. 11:00 a.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 any Lender). No amount paid or prepaid on the Facility B Term Note Notes may be reborrowed, and partial prepayments of the Facility B Term Note Notes shall be applied in the inverse order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwiseExcept as herein provided, all payments and prepayments shall be received by the Agent for the ratable account of the Term Note Lenders and shall be applied promptly distributed by the Agent ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of paymentLenders. Unless the Company otherwise directs, principal payments on any particular class of the Revolving Credit Notes shall be first applied to the applicable Domestic Rate Portion (if any) of such Notes until payment in full thereof, with any balance applied to the relevant LIBOR Portions (if any) of such Notes in the order in which their Interest Periods expire.. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Obligations, in each instance, by the Agent or any of the Lenders after the occurrence of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: 6 Credit Agreement (Apac Teleservices Inc)

Place and Application of Payments. All payments of principal, interest, fees and all other Obligations amounts payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 Xxxx Xxxxxx Xxxxxx111 West Monroe Street, XxxxxxxChicago, Xxxxxxxx Illinois (or at such other place as the Lender may specifyxxx Xxxxx xxx xxxxxxx) on the date any such xx xxx xxxx xxx xuch payment is due and payable. Payments received by the Lender after 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 and or 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 Lender). No amount paid or prepaid Payments received by the Agent after 11:00 a.m. (Chicago time) shall be deemed received as of the opening of business on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturitiesnext Business Day. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwiseExcept as herein provided, all payments and prepayments shall be received by the Agent for the ratable account of the Term Note Lenders and shall be applied promptly distributed by the Agent ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of paymentLenders. Unless the Company Borrower otherwise directsdirects or this Agreement otherwise requires, principal payments on any particular class of the Revolving Credit Notes shall be first applied to the applicable Domestic Rate Portion of such Notes until payment in full thereof, with any balance applied to the relevant LIBOR Portions of such Notes in the order in which their Interest Periods expire.. Any amount paid or prepaid on the Revolving Credit Notes or Swing Line 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 Notes may be reborrowed. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Loans and other Obligations, the Hedging Liability or the Funds Transfer and Deposit Account Liability by the 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 the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Morton Industrial Group Inc)

Place and Application of Payments. All payments of principal, interest, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Lender at its office at 000 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Lender may specify) ), on the date any such payment is due and payable. Payments received by the Lender after 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 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 Lender). No amount paid or prepaid on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwise, all payments and prepayments of the Term Note shall be applied ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of payment. Unless the Company otherwise directs, principal payments of the Revolving Credit Notes a Note shall be first applied to the applicable Domestic 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.

Appears in 1 contract

Samples: Credit Agreement (Maf Bancorp Inc)

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Place and Application of Payments. All payments of principal, interest, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Lender Agent may specify) on the date any such payment is due and payable. Payments received by the Lender Agent after 2:00 p.m. 11:00 a.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 any Lender). No amount paid or prepaid on the Term Note B Notes may be reborrowed, and partial prepayments of any class of the Term Note B Notes shall be applied in the inverse order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwiseExcept as herein provided, all payments and prepayments shall be received by the Agent for the ratable account of the Term Note Lenders and shall be applied promptly distributed by the Agent ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of paymentLenders. Unless the Company otherwise directs, principal payments on any particular class of the Revolving Credit Notes shall be first applied to the applicable Domestic Rate Portion (if any) of such Notes until payment in full thereof, with any balance applied to the relevant LIBOR Portions (if any) of such Notes in the order in which their Interest Periods expire.. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Obligations, in each instance, by the Agent or any of the Lenders after the occurrence of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Apac Teleservices Inc)

Place and Application of Payments. All payments of principal, interest, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 111 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or xr at such other place as the Lender Agent may specify) on the date any such payment is due and payable. Payments received by the Lender Agent after 2:00 p.m. 11:00 a.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 any Lender). No amount paid or prepaid on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwiseExcept as herein provided, all payments and prepayments shall be received by the Agent for the ratable account of the Term Note Lenders and shall be applied promptly distributed by the Agent ratably to the outstanding Portions thereof based Lenders. Principal payments (including prepayments) on the principal amount of each such Portion at the time of payment. Unless the Company otherwise directs, principal payments of the Revolving Credit Notes shall first be first applied to the applicable Domestic Rate Portion of such Notes until payment in full thereof, with any balance applied to the relevant LIBOR Portions of such Notes in the order in which their Interest Periods expire. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Obligations, in each instance, by the Agent or any of the Lenders after the occurrence of an Event of Default shall be remitted to the Agent and distributed as follows: first, to the payment of any outstanding costs and expenses incurred by the Agent in protecting, preserving or enforcing rights under this Agreement or any of the other Loan Documents, and in any event including all costs and expenses of a character which the Company has agreed to pay under Section 11.4 hereof (such funds to be retained by the 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 the Agent); second, to the payment of any outstanding interest or other fees or amounts due under this Agreement or any of the other Loan Documents other than for principal, pro rata as among the Agent and the Lenders in accord with the amount of such interest and other fees or amounts owing each; third, to the payment of the principal of the Notes and any liabilities in respect of unpaid drawings under the Letters of Credit, pro rata as among the Lenders in accord with the then respective unpaid principal balances of the Notes and the then unpaid liabilities in respect of unpaid drawings under the Letters of Credit; fourth, to the Agent, to be held as collateral security for any undrawn Letters of Credit, until the Agent is holding an amount of cash equal to the then outstanding amount of all Letters of Credit; fifth, to the Agent and the Lenders pro rata in accord with the amounts of any other indebtedness, obligations or liabilities of the Company owing to them and secured by the Collateral Documents unless and until all such indebtedness, obligations and liabilities have been fully paid and satisfied; and sixth, to the Company or to whoever the Agent reasonably determines to be lawfully entitled thereto.

Appears in 1 contract

Samples: Long Term Credit Agreement (Anicom Inc)

Place and Application of Payments. All payments of principal, interest, fees and all other Obligations payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 111 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or xx at such other place as the Lender Agent may specify) on the date any such payment is due and payable. Payments received by the Lender Agent after 2:00 p.m. 11:00 a.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 any Lender). Except as herein provided, all payments shall be received by the Agent for the ratable account of the Lenders and shall be promptly distributed by the Agent ratably to the Lenders in accordance with their respective Percentages. No amount paid or prepaid on the Term Note Notes may be reborrowed, and partial prepayments of the Term Note Notes shall be applied in the inverse order of their scheduled maturities. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwise, all payments and prepayments of the Term Note shall be applied ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of payment. Unless the Company otherwise directs, principal payments on Notes of the Revolving Credit Notes a given type shall be first applied to the applicable Domestic Rate Portion of such Notes until payment in full thereof, with any balance applied to the relevant LIBOR Portions of the relevant Notes in the order in which their Interest Periods expire.. All payments (whether voluntary or required) shall be accompanied by any amount due the Lenders under Section 2.9 hereof, but no acceptance of such a payment without requiring payment of amounts due under Section 2.9 shall preclude a later demand by the Lenders for any amount due them under Section 2.9 in respect of such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Obligations and all proceeds of the Collateral received, in each instance, by the Agent or any of the Lenders after the occurrence of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Rentx Industries Inc)

Place and Application of Payments. All payments of principal, interest, fees and all other Obligations amounts payable hereunder and under the other Loan Documents shall be made to the Lender Agent at its office at 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Lender Agent may specify) on the date any such payment is due and payable. Payments received by the Lender after 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 and or 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 Lender). No amount paid or prepaid Payments received by the Agent after 11:00 a.m. (Chicago time) shall be deemed received as of the opening of business on the Term Note may be reborrowed, and partial prepayments of the Term Note shall be applied in the order of their scheduled maturitiesnext Business Day. Prior to the occurrence of a Default or an Event of Default, the Company may direct the application of all payments and prepayments of the Term Note to the relevant Portions then outstanding. After the occurrence of a Default or an Event of Default, unless the Company and the Lender agree otherwiseExcept as herein provided, all payments and prepayments shall be received by the Agent for the ratable account of the Term Note Lenders and shall be applied promptly distributed by the Agent ratably to the outstanding Portions thereof based on the principal amount of each such Portion at the time of paymentLenders. Unless the Company Borrower otherwise directsdirects or this Agreement otherwise requires, principal payments on any particular class of the Revolving Credit Notes shall be first applied to the applicable Domestic Rate Portion of such Notes until payment in full thereof, with any balance applied to the relevant LIBOR Portions of such Notes in the order in which their Interest Periods expire.. Any amount paid or prepaid on the Revolving Credit Notes or Swing Line 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 Notes may be reborrowed. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the Loans and other Obligations or the Hedging Liability by the Agent or any of the Lenders after the occurrence of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Morton Industrial Group Inc)

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