Common use of Place and Manner of Payments Clause in Contracts

Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee hereunder, under the Master Lease or under any other Operative Document shall be made to the Administrative Agent in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to the Account in Cleveland, Ohio not later than 2:00 p.m. (New York time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Basic Rent, Property Cost, Fees, Supplemental Rent or other amounts payable by the Lessee hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Participants in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee subject to the terms of Article VII). The Administrative Agent will distribute such payments to such Participants in accordance with Article VII, if any such payment is received prior to 3:00 p.m. (New York time) on a Business Day in like funds as received prior to such time, and otherwise the Administrative Agent shall distribute such payment to such Participants on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next Business Day (subject to accrual of interest and fees for the period of such extension), except that in the case of Eurodollar Loans/Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day.

Appears in 1 contract

Samples: Participation Agreement (Lam Research Corp)

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Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee hereunder, under the Master Lease or under any other Operative Document hereunder shall be made to the Administrative Agent in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to at its offices at the Account Agent's office specified in Cleveland, Ohio Schedule 10.2 not later than 2:00 p.m. noon (New York Milwaukee, Wisconsin time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Lessee Agent may, at the Borrower's request, debit the amount of any such payment which is not made by such time to Account No. 121727847 maintained by the Borrower with the Agent or any other account which may be maintained by the Borrower with the Agent and designated for such purpose by the Borrower. The Borrower shall, at the time it makes any payment under any Operative Documentthis Credit Agreement, specify to the Administrative Agent the Basic RentLoans, Property Cost, Fees, Supplemental Rent Fees or other amounts payable by the Lessee Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Participants Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee the Borrower hereunder, subject to the terms of Article VIISection 3.11). The Administrative Agent will distribute such payments to such Participants in accordance with Article VIILenders, if any such payment is received prior to 3:00 5:00 p.m. (New York Milwaukee, Wisconsin time) on a Business Day in like funds as received prior to the end of such time, Business Day and otherwise the Administrative Agent shall will distribute such payment to such Participants Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and fees Fees for the period of such extension), except that in the case of Eurodollar Loans/Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein; all computations of interest with respect to the Base Rate, the Eurodollar Rate, the Federal Fund Rate and Fees shall be made on the basis of actual number of days elapsed over a year of 360 days. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Midwest Express Holdings Inc)

Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee hereunder, under the Master Lease or under any other Operative Document shall be made to the Administrative Agent in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to the Account in Cleveland, Ohio not later than 2:00 p.m. (New York time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Basic Rent, Property Cost, Fees, Supplemental Rent or other amounts payable by the Lessee hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Participants in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Lessee subject to the terms of Article VII). The Administrative Agent will distribute such payments to such Participants in accordance with Article VII, if any such payment is received prior to 3:00 p.m. (New York time) on a Business Day in like funds as received prior to such time, and otherwise the Administrative Agent shall distribute such payment to such Participants on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next Business Day (subject to accrual of interest and fees for the period of such extension), except that in the case of Eurodollar Loans/Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day.

Appears in 1 contract

Samples: Participation Agreement (Lam Research Corp)

Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee hereunder, under the Master Lease or under any other Operative Document hereunder shall be made to the Administrative Agent in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to at its offices at the Account Agent's office specified in Cleveland, Ohio Schedule 11.2 not later than 2:00 p.m. 1:00 P.M. (New York Milwaukee, Wisconsin time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Lessee Agent may, at the Borrower's request, debit the amount of any such payment which is not made by such time to Account No. 111501414 maintained by the Borrower with the Agent or any other account which may be maintained by the Borrower with the Agent and designated for such purpose by the Borrower. The Borrower shall, at the time it makes any payment under any Operative Documentthis Credit Agreement, specify to the Administrative Agent the Basic RentLoans, Property Cost, Fees, Supplemental Rent Fees or other amounts payable by the Lessee Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Participants Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee the Borrower hereunder, subject to the terms of Article VIISection 3.11). The Administrative Agent will distribute such payments to such Participants in accordance with Article VIILenders, if any such payment is received prior to 3:00 1:00 p.m. (New York Milwaukee, Wisconsin time) on a Business Day in like funds as received prior to the end of such time, Business Day and otherwise the Administrative Agent shall will distribute such payment to such Participants Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and fees Fees for the period of such extension), except that in the case of Eurodollar Loans/Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

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Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee hereunder, under the Master Lease or under any other Operative Document shall be made to the Administrative Agent in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to the Account in Cleveland, Ohio not later than 2:00 12:00 p.m. (New York Noon) (Cleveland, Ohio time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Basic Rent, Property Cost, Fees, Supplemental Rent or other amounts payable by the Lessee hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Participants Purchasers and the Lessor in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee subject to the terms of Article VIISection 4.6). The Administrative Agent will distribute such payments to such Participants and the Lessor in accordance with Article VII, if any such payment is received prior to 3:00 2:00 p.m. (New York Cleveland, Ohio time) on a Business Day in like funds as received prior to such time, and otherwise the Administrative Agent shall will distribute such payment to such Participants Purchasers and the Lessor on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not Tandem Health Care of Ohio, Inc. Participation Agreement a Business Day, the due date thereof shall be extended to the next Business Day (subject to accrual of interest and fees for the period of such extension), except that in the case of Eurodollar LoansCapital/Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day.

Appears in 1 contract

Samples: Participation Agreement (Tandem Health Care, Inc.)

Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee hereunder, under the Master Lease or under any other Operative Document hereunder shall be made to the Administrative Agent in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to at its offices at the Account Agent's office specified in Cleveland, Ohio Schedule 12.2 not later than 2:00 p.m. 1:00 P.M. (New York Milwaukee, Wisconsin time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Lessee Agent may, at the Borrower's request, debit the amount of any such payment which is not made by such time to Account No. 121581139 maintained by the Borrower with the Agent or any other account which may be maintained by the Borrower with the Agent and designated for such purpose by the Borrower. The Borrower shall, at the time it makes any payment under any Operative Documentthis Credit Agreement, specify to the Administrative Agent the Basic RentLoans, Property Cost, Fees, Supplemental Rent Fees or other amounts payable by the Lessee Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Participants Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee the Borrower hereunder, subject to the terms of Article VIISection 4.11). The Administrative Agent will distribute such payments to such Participants in accordance with Article VIILenders, if any such payment is received prior to 3:00 1:00 p.m. (New York Milwaukee, Wisconsin time) on a Business Day in like funds as received prior to the end of such time, Business Day and otherwise the Administrative Agent shall will distribute such payment to such Participants Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and fees Fees for the period of such extension), except that in the case of Eurodollar Loans/Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

Appears in 1 contract

Samples: Credit Agreement (C2 Inc)

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