Common use of Place and Application Clause in Contracts

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of payment. All payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreement, all payments shall be received by the Agent for the ratable account of the Banks, and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied to the applicable Base Rate Portion and then to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes shall be applied to the scheduled installment maturities thereof in the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowed. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks after the occurrence of an Event of Default shall be distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Platinum Entertainment Inc)

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Place and Application. All Except as otherwise provided in Section 2.3 with respect to Letters of Credit issued by a Lender other than the Administrative Agent, all payments of principal, interest and fees shall be made to the Administrative Agent at its office at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Administrative Agent may specify) in immediately available and freely transferable funds at the place of payment. All payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments Except as otherwise provided in Section 2.3 with respect to Letters of Credit, payments received by the Administrative Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreement, all payments shall be received by the Administrative Agent for the ratable account of the BanksLenders, and shall be promptly distributed by the Administrative Agent ratably to the Banks Lenders except that payments which pursuant to the terms hereof are for the use and benefit of the Administrative Agent shall be retained by the Agent it for its own account and payments received to reimburse an Issuing Bank or a Bank Lender for a fee or cost peculiar to that BankIssuing Bank or Lender, as the case may be, shall be remitted to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied to the applicable Base Rate Portion and then to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Reimbursements of drawings under Letters of Credit Notes shall be applied promptly remitted to the scheduled installment maturities thereof in the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowed. Anything contained herein relevant Issuing Bank except to the contrary notwithstanding, all payments and collections received extent the Lenders have previously reimbursed the Issuing Bank for the drawing in respect of the indebtedness evidenced by the Notes and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks after the occurrence of an Event of Default shall be distributed as follows:question.

Appears in 1 contract

Samples: Credit Agreement (Morrison Knudsen Corp//)

Place and Application. All Except as otherwise provided in Section 2.3 with respect to Letters of Credit issued by a Bank other than the Agent, all payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of payment. All payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments Except as otherwise provided in Section 2.3 with respect to Letters of Credit, payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreement, all payments shall be received by the Agent for the ratable account of the Banks, and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent it for its own account and payments received to reimburse an Issuing Bank or a Bank for a fee or cost peculiar to that Issuing Bank or Bank, as the case may be, shall be remitted to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied to the applicable Base Rate Portion and then to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Reimbursements of drawings under Letters of Credit Notes shall be applied promptly remitted to the scheduled installment maturities thereof relevant Issuing Bank except to the extent the Banks have previously reimbursed the Issuing Bank for the drawing in the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowedquestion. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes or the Applications and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks after the occurrence of an Event of Default shall be distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Morrison Knudsen Corp//)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Multicurrency Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency then customary for settlement of international transactions in such currency. All such payments shall be made without set-off 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 or conditions of any nature imposed by any government or political subdivision or taxing authority Government Authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to Lenders in accordance with their Percentages on the terms hereof are for date the use and benefit of Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Unless the Agent shall be retained by have received notice from the Company prior to the date on which any payment is due to the Agent for its own the account of the Lenders or the Issuers hereunder that the applicable Borrower will not make such payment, the Agent may assume that such Borrower has made such payment on such date in accordance herewith and payments received may, in reliance upon such assumption, distribute to reimburse a Bank for a fee the Lenders or cost peculiar to that Bankthe Issuers, as the case may be, shall be remitted the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lenders or the Issuers, as the case may be, severally agrees to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied repay to the applicable Base Rate Portion Agent forthwith on demand the amount so distributed to such Lender or Issuer, with interest thereon, for each day from and then including the date such amount is distributed to it to but excluding the date of payment to the applicable LIBOR Portions in Agent, at a rate per annum equal to: (i) from the order in which their Interest Periods expire. Prepayments on date the Term Credit Notes shall be applied distribution was made to the scheduled installment maturities thereof date two (2) Business Days after payment by such Lender is due hereunder, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation for each such day and (ii) from the inverse order of maturity. No amount paid or prepaid on date two (2) Business Days after the Term Credit Notes may be reborroweddate such payment is due from such Lender to the date such payment is made by such Lender, the Domestic Rate in effect for each such day. Anything contained herein to the contrary or in the other Loan Documents notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral Collateral, if any, and payments made under or in respect of the Guarantees received, in each instance, by the Agent or any of the Banks Lenders after acceleration or the occurrence final maturity of the Obligations or termination of the Lender’s Commitment to extend credit hereunder 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 (Emcor Group Inc)

Place and Application. All payments of principal, interest interest, fees and fees any other Obligations shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of payment. All such payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (12:00 noon Chicago time) time shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itLenders in accordance with their Percentages. Unless the Company otherwise directs, principal payments (including prepayments) on the Notes any Loans shall be deemed first applied to the applicable Base Rate Portion and then until payment in full thereof, with any balance applied to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments Any amount prepaid on the Term Revolving Credit Notes, Y2K Revolving Credit Notes or Supplemental Revolving Credit Notes may, subject to all of the terms and conditions hereof, be borrowed, repaid and borrowed again. No amounts prepaid on the Acquisition Financing/Term Notes may be reborrowed, and any partial prepayments (whether voluntary or mandatory) shall be applied first to the scheduled installment maturities thereof Term Loans then outstanding (which application shall be made to the most recent Borrowing of Term Loans made to the Company and applied to the several installments thereon in the inverse order of maturity) and then to the Acquisition Financing Loans. No All payments (whether voluntary or required) shall be accompanied by any amount paid or prepaid on due the Term Credit Notes may be reborrowedLenders under Section 2.8 hereof, but no acceptance of such a payment without requiring payment of amounts due under Section 2.8 shall preclude a later demand by the Lenders for any amount due them under Section 2.8 in respect of such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks Lenders after the occurrence and during the continuation of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Home Dialysis of Columbus Inc)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Multicurrency Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency then customary for settlement of international transactions in such currency. All such payments shall be made without set-off 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 or conditions of any nature imposed by any government or political subdivision or taxing authority Government Authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to Lenders in accordance with their Percentages on the terms hereof are for date the use and benefit of Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Unless the Agent shall be retained by have received notice from the Company prior to the date on which any payment is due to the Agent for its own the account of the Lenders or the Issuers hereunder that the applicable Borrower will not make such payment, the Agent may assume that such Borrower has made such payment on such date in accordance herewith and payments received may, in reliance upon such assumption, distribute to reimburse a Bank for a fee the Lenders or cost peculiar to that Bankthe Issuers, as the case may be, shall be remitted the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lenders or the Issuers, as the case may be, severally agrees to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied repay to the applicable Agent forthwith on demand the amount so distributed to such Lender or Issuer, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at a rate per annum equal to: (i) from the date the distribution was made to the date two (2) Business Days after payment by such Lender is due hereunder, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation for each such day and (ii) from the date two (2) Business Days after the date such payment is due from such Lender to the date such payment is made by such Lender, the Base Rate Portion and then to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes shall be applied to the scheduled installment maturities thereof in the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowedeffect for each such day. Anything contained herein to the contrary or in the other Loan Documents notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral Collateral, if any, and payments made under or in respect of the Guaranty Agreements received, in each instance, by the Agent or any of the Banks Lenders after acceleration or the occurrence final maturity of the Obligations or termination of the Lender’s Commitment to extend credit hereunder 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 (EMCOR Group, Inc.)

Place and Application. All payments of principal, interest interest, fees and fees other amounts due hereunder shall be made to the Agent Bank at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place within the continental United States as the Agent Bank may specify) in immediately available and freely transferable funds at the place of payment. All such payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent Bank after 1:00 p.m. 11:00 a.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreement, all payments shall be received by the Agent for the ratable account of the Banks, and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to it. Unless the Company otherwise directs, payments applicable to the principal payments on of the Notes shall be deemed first applied to the applicable Base Domestic Rate Portion and then until payment in full thereof, with any balance applied to the applicable LIBOR Fixed Rate Portions in the order in which their Interest Periods expire. Prepayments on All prepayments (whether voluntary or required) applicable to the Term Credit Notes Loans shall be applied to such Term Credit Note as the scheduled installment maturities thereof Company directs or, if the Company fails to so direct, shall be applied ratably among the Term Credit Notes, and in any event, such payments shall be applied to such Note or Notes in the inverse order of maturitytheir maturities. No All payments (whether voluntary or required) shall be accompanied by any amount paid or prepaid on due the Term Credit Notes may be reborrowed. Anything contained herein to Bank under Section 2.11 hereof, but no acceptance of such a payment without requiring payment of amounts due under Section 2.11 shall preclude a later demand by the contrary notwithstanding, all payments and collections received Bank for any amount due them under Section 2.11 in respect of the indebtedness evidenced by the Notes and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks after the occurrence of an Event of Default shall be distributed as follows:such payment.

Appears in 1 contract

Samples: Credit Agreement (Northland Cranberries Inc /Wi/)

Place and Application. All payments of principal, interest interest, fees and fees any other Obligations shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of payment. All such payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (12:00 noon Chicago time) time shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itLenders in accordance with their Percentages. Unless the Company otherwise directs, principal payments (including prepayments) on the Notes any Loans shall be deemed first applied to the applicable Base Domestic Rate Portion and then until payment in full thereof, with any balance applied to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments Any amount prepaid on the Term Revolving Credit Notes or Supplemental Revolving Credit Notes may, subject to all of the terms and conditions hereof, be borrowed, repaid and borrowed again. No amounts prepaid on the Acquisition Financing Notes or the Term Notes may be reborrowed, and any partial prepayments (whether voluntary or mandatory) shall be applied to the scheduled installment maturities thereof several installments of such Notes in the inverse order of maturity. No All payments (whether voluntary or required) shall be accompanied by any amount paid or prepaid on due the Term Credit Notes may be reborrowedLenders under Section 2.8 hereof, but no acceptance of such a payment without requiring payment of amounts due under Section 2.8 shall preclude a later demand by the Lenders for any amount due them under Section 2.8 in respect of such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks Lenders after the occurrence and during the continuation of an Event of Default shall be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Everest One Ipa Inc)

Place and Application. All payments of principal, interest interest, fees and fees any other Obligations shall be made to the Agent at its office at 000 00 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of payment. All such payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 2:00 p.m. (Chicago time) time shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itLenders in accordance with their Percentages. Unless the Company otherwise directs, principal payments on the Notes any Loans shall be deemed first applied to the applicable Base Rate Portion and then until payment in full thereof, with any balance applied to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments Any amount prepaid on the Revolving Credit Notes may, subject to all of the terms and conditions hereof, be borrowed, repaid and borrowed again. No amounts prepaid on the Term Credit Notes may be reborrowed, and any partial prepayments (whether voluntary or mandatory) shall be applied to the scheduled installment maturities thereof several installments of such Notes in the inverse order of maturity. No All payments (whether voluntary or required) shall be accompanied by any amount paid or prepaid on due the Term Credit Notes may be reborrowedLenders under Section 2.8 hereof, but no acceptance of such a payment without requiring payment of amounts due under Section 2.8 shall preclude a later demand by the Lenders for any amount due them under Section 2.8 in respect of such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral collateral or payments on guarantees received, in each instance, by the Agent or any of the Banks 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 (Ha Lo Industries Inc)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency then customary for settlement of international transactions in such currency. All such payments shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant Lenders in accordance with their Percentages on the date the Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Any amount prepaid on the Revolving Loans may, subject to all of the terms hereof are for the use and benefit of the Agent shall conditions hereof, be retained by the Agent for its own account borrowed, repaid and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itborrowed again. Unless the Company applicable Borrower otherwise directsrequests, principal payments on the Notes each prepayment shall be first applied to the applicable Base such Borrower’s Domestic Rate Portion Loans and then to the applicable LIBOR Portions its Eurodollar Loans in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes Any prepayment of Eurodollar Loans shall be applied to accompanied by any amount due the scheduled installment maturities thereof in Lenders under Section 2.5 hereof but acceptance of any such prepayment without such a payment being made shall not preclude a later demand by the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowedLenders for such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral Collateral, if any, received, in each instance, by the Agent or any of the Banks Lenders after acceleration or the occurrence final maturity of the Obligations or termination of the Total 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 (Emcor Group Inc)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency in such funds then customary for settlement of international transactions in such currency. All such payments shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant Lenders in accordance with their Percentages on the date the Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Any amount prepaid on the Revolving Credit Notes may, subject to all of the terms hereof are for the use and benefit of the Agent shall conditions hereof, be retained by the Agent for its own account borrowed, repaid and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itborrowed again. Unless the Company applicable Borrower otherwise directsrequests, principal payments on the Notes each prepayment shall be first applied to the applicable Base such Borrower's Domestic Rate Portion Loans and then to the applicable LIBOR Portions its Eurodollar Loans in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes Any prepayment of Eurodollar Loans shall be applied to accompanied by any amount due the scheduled installment maturities thereof in Lenders under Section 2.5 hereof but acceptance of any such prepayment without such a payment being made shall not preclude a later demand by the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowedLenders for such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks Lenders after the occurrence of an Event of Default shall shall, subject to the terms of the Intercreditor Agreements, be remitted to the Agent and distributed as follows:

Appears in 1 contract

Samples: Credit Agreement (Emcor Group Inc)

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Place and Application. All payments of principal, interest and fees shall be made to the Administrative Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Administrative Agent may specify) in immediately available and freely transferable funds at the place of payment by no later than 12:00 Noon Central Time on the due date thereof. Any payments received by the Administrative Agent after such time shall be deemed received as of the opening of business on the next Business Day. All such payments shall be made in U.S. Dollars, in immediately available funds at the place of payment. All such payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Administrative Agent ratably to the Banks except that payments which pursuant to Lenders in accordance with their Percentages on the terms hereof are for date the use and benefit of Administrative Agent receives payment, or if the Administrative Agent shall be retained by receives payment later than 12:00 Noon Central Time, then no later than the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itnext Business Day. Unless the Company Borrower otherwise directsrequests, principal payments on the Notes each prepayment shall be first applied to the applicable Borrower’s Base Rate Portion Loans and then to the applicable LIBOR Portions its Eurodollar Loans in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes Each partial prepayment pursuant to Section 3.2 or Section 3.3 shall be applied to the scheduled installment maturities thereof remaining amortization payments in the inverse reverse order of maturity. No Any prepayment of Eurodollar Loans shall be accompanied by any amount paid or prepaid on due the Term Credit Notes may be reborrowedLenders under Section 2.2 hereof but acceptance of any such prepayment without such a payment being made shall not preclude a later demand by the Lenders for such payment. Anything contained herein to the contrary notwithstanding, but subject to the Intercreditor Agreement, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral received, in each instance, by the Administrative Agent or any of the Banks Lenders after the occurrence of an Event of Default shall be remitted to the Administrative Agent and distributed as follows:

Appears in 1 contract

Samples: Term Loan Agreement (Emcor Group Inc)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx 100 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency in such funds then customary for settlement of international transactions in such currency. All such payments shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant Lenders in accordance with their Percentages on the date the Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Any amount prepaid on the Revolving Loans may, subject to all of the terms hereof are for the use and benefit of the Agent shall conditions hereof, be retained by the Agent for its own account borrowed, repaid and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itborrowed again. Unless the Company applicable Borrower otherwise directsrequests, principal payments on the Notes each prepayment shall be first applied to the applicable Base such Borrower’s Domestic Rate Portion Loans and then to the applicable LIBOR Portions its Eurodollar Loans in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes Any prepayment of Eurodollar Loans shall be applied to accompanied by any amount due the scheduled installment maturities thereof in Lenders under Section 2.5 hereof but acceptance of any such prepayment without such a payment being made shall not preclude a later demand by the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowedLenders for such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks 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 (Emcor Group Inc)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may -24- specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Multicurrency Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency then customary for settlement of international transactions in such currency. All such payments shall be made without set-off 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 or conditions of any nature imposed by any government or political subdivision or taxing authority Government Authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to Lenders in accordance with their Percentages on the terms hereof are for date the use and benefit of Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Unless the Agent shall be retained by have received notice from the Company prior to the date on which any payment is due to the Agent for its own the account of the Lenders or the Issuers hereunder that the applicable Borrower will not make such payment, the Agent may assume that such Borrower has made such payment on such date in accordance herewith and payments received may, in reliance upon such assumption, distribute to reimburse a Bank for a fee the Lenders or cost peculiar to that Bankthe Issuers, as the case may be, shall be remitted the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lenders or the Issuers, as the case may be, severally agrees to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied repay to the applicable Agent forthwith on demand the amount so distributed to such Lender or Issuer, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at a rate per annum equal to: (i) from the date the distribution was made to the date two (2) Business Days after payment by such Lender is due hereunder, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation for each such day and (ii) from the date two (2) Business Days after the date such payment is due from such Lender to the date such payment is made by such Lender, the Base Rate Portion and then to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes shall be applied to the scheduled installment maturities thereof in the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowedeffect for each such day. Anything contained herein to the contrary or in the other Loan Documents notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral Collateral, if any, and payments made under or in respect of the Guaranty Agreements received, in each instance, by the Agent or any of the Banks Lenders after acceleration or the occurrence final maturity of the Obligations or termination of the Lender’s Commitment to extend credit hereunder 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 (Emcor Group Inc)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Multicurrency Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency then customary for settlement of international transactions in such currency. All such payments shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority Government Authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to Lenders in accordance with their Percentages on the terms hereof are for date the use and benefit of Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Unless the Agent shall be retained by have received notice from the Company prior to the date on which any payment is due to the Agent for its own the account of the Lenders or the Issuers hereunder that the applicable Borrower will not make such payment, the Agent may assume that such Borrower has made such payment on such date in accordance herewith and payments received may, in reliance upon such assumption, distribute to reimburse a Bank for a fee the Lenders or cost peculiar to that Bankthe Issuers, as the case may be, shall be remitted the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lenders or the Issuers, as the case may be, severally agrees to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied repay to the applicable Base Rate Portion Agent forthwith on demand the amount so distributed to such Lender or Issuer, with interest thereon, for each day from and then including the date such amount is distributed to it to but excluding the date of payment to the applicable LIBOR Portions in Agent, at a rate per annum equal to: (i) from the order in which their Interest Periods expire. Prepayments on date the Term Credit Notes shall be applied distribution was made to the scheduled installment maturities thereof in date two (2) Business Days after payment by such Xxxxxx is due hereunder, at the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowed. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect greater of the indebtedness evidenced by the Notes Federal Funds Rate and all proceeds of the Collateral received, in each instance, a rate determined by the Agent or any of in accordance with banking industry rules on interbank compensation for each such day and (ii) from the Banks date two (2) Business Days after the occurrence of an Event of Default shall be distributed as follows:date such payment is due from such Lender to the date such payment is made by such Lender, the Base Rate in effect for each such day.

Appears in 1 contract

Samples: Credit Agreement (EMCOR Group, Inc.)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx 111 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of payment. All such payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. (12:00 Noon Chicago time) time shall be deemed received as of the opening of business on the next Business Day. Badger hereby authorizes the Agent, if and to the extent any payment by any Borrower is not made when due under this Agreement or under any of the Notes, to charge from time to time against Badger's account number 182-000-0 xxth Harxxx Xxust and Savings Bank any amount so due. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itLenders. Unless the Company relevant Borrower otherwise directs, principal payments on the Notes shall be deemed first applied to the applicable Base Domestic Rate Portion and then until payment in full thereof, with any balance applied to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes shall be applied to the scheduled installment maturities thereof in the inverse order of maturity. No Any amount paid or prepaid on the Term Credit Notes may may, subject to all of the terms and conditions hereof, be reborrowedborrowed, repaid and borrowed again. All payments (whether voluntary or required) shall be accompanied by any amount due the Lenders under Section 2.8 hereof, but no acceptance of such a payment without requiring payment of amounts due under Section 2.8 shall preclude a later demand by the Lenders for any amount due them under Section 2.8 in respect of such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks 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 (Badger Paper Mills Inc)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of paymentpayment by no later than 12:00 Noon Central Time on the due date thereof or, if such payment is to be made in an Alternative Currency, by no later than 12:00 Noon local time at the place of payment to such office as the Agent has previously specified; provided however that reimbursements of drawings under Letters of Credit shall be made to the Applicable Issuer. Any payments received by the Agent or such Applicable Issuer after such time shall be deemed received as of the opening of business on the next Business Day. All such payments due from shall be made (i) in U.S. Dollars, in immediately available funds at the Company hereunder place of payment, or (ii) in the case of Multicurrency Revolving Loans or reimbursement of drawings under a Letter of Credit in an Alternative Currency, in such Alternative Currency then customary for settlement of international transactions in such currency. All such payments shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority Government Authority thereof. Payments received by the Agent after 1:00 p.m. (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to Lenders in accordance with their Percentages on the terms hereof are for date the use and benefit of Agent receives payment, or if the Agent receives payment later than 12:00 Noon Central Time, then no later than the next Business Day. Unless the Agent shall be retained by have received notice from the Company prior to the date on which any payment is due to the Agent for its own the account of the Lenders or the Issuers hereunder that the applicable Borrower will not make such payment, the Agent may assume that such Borrower has made such payment on such date in accordance herewith and payments received may, in reliance upon such assumption, distribute to reimburse a Bank for a fee the Lenders or cost peculiar to that Bankthe Issuers, as the case may be, shall be remitted the amount due. In such event, if such Borrower has not in fact made such payment, then each of the Lenders or the Issuers, as the case may be, severally agrees to it. Unless the Company otherwise directs, principal payments on the Notes shall be first applied repay to the applicable Agent forthwith on demand the amount so distributed to such Lender or Issuer, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Agent, at a rate per annum equal to: (i) from the date the distribution was made to the date two (2) Business Days after payment by such Xxxxxx is due hereunder, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation for each such day and (ii) from the date two (2) Business Days after the date such payment is due from such Lender to the date such payment is made by such Lender, the Base Rate Portion and then to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes shall be applied to the scheduled installment maturities thereof in the inverse order of maturity. No amount paid or prepaid on the Term Credit Notes may be reborrowedeffect for each such day. Anything contained herein to the contrary or in the other Loan Documents notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral Collateral, if any, and payments made under or in respect of the Guaranty Agreements received, in each instance, by the Agent or any of the Banks Lenders after acceleration or the occurrence final maturity of the Obligations or termination of the Lender’s Commitment to extend credit hereunder 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 (EMCOR Group, Inc.)

Place and Application. All payments of principal, interest and fees shall be made to the Agent at its office at 000 Xxxxx XxXxxxx 111 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx (or xx at such other place as the Agent may specify) in immediately available and freely transferable funds at the place of payment. All such payments due from the Company hereunder shall be made 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 or conditions of any nature imposed by any government or political subdivision or taxing authority thereof. Payments received by the Agent after 1:00 p.m. 12:00 Noon (Chicago time) shall be deemed received as of the opening of business on the next Business Day. Except as otherwise provided in this Agreementherein provided, all payments shall be received by the Agent for the ratable account of the Banks, Lenders and shall be promptly distributed by the Agent ratably to the Banks except that payments which pursuant to the terms hereof are for the use and benefit of the Agent shall be retained by the Agent for its own account and payments received to reimburse a Bank for a fee or cost peculiar to that Bank, as the case may be, shall be remitted to itLenders in accordance with their Percentages. Unless the Company otherwise directs, principal payments on the Notes shall be deemed first applied to the applicable Base Domestic Rate Portion and then until payment in full thereof, with any balance applied to the applicable LIBOR Portions in the order in which their Interest Periods expire. Prepayments on the Term Credit Notes shall be applied to the scheduled installment maturities thereof in the inverse order of maturity. No Any amount paid or prepaid on the Term Revolving Credit Notes may may, subject to all of the terms and conditions hereof, be reborrowedborrowed, repaid and borrowed again. All payments (whether voluntary or required) shall be accompanied by any amount due the Lenders under Section 2.8 hereof, but no acceptance of such a payment without requiring payment of amounts due under Section 2.8 shall preclude a later demand by the Lenders for any amount due them under Section 2.8 in respect of such payment. Anything contained herein to the contrary notwithstanding, all payments and collections received in respect of the indebtedness evidenced by the Notes Obligations and all proceeds of the Collateral received, in each instance, by the Agent or any of the Banks 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 (Acme Metals Inc /De/)

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