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 Agent or 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 Chicago, Illinois not later than 12:00 p.m. (Noon) (Chicago time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder Amounts, fees or other amounts payable by the Lessee Agent or 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 Lenders and the Certificate Holders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6). The Administrative Agent will distribute such payments to such Lenders and Certificate Holders in accordance with Article VII, if any such payment is received prior to 2:00 p.m. (Chicago time) on a Business Day in like funds as received prior to such time, and otherwise the Administrative Agent will distribute such payment to such Lenders and Certificate Holders 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/Certificate Holder 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 (Truserv Corp)

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Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee Agent or 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 ChicagoCleveland, Illinois Ohio not later than 12:00 2:00 p.m. (Noon) (Chicago 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. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder AmountsBasic Rent, fees Property Cost, Fees, Supplemental Rent or other amounts payable by the Lessee Agent or 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 Lenders and the Certificate Holders Participants in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6Article VII). The Administrative Agent will distribute such payments to such Lenders and Certificate Holders Participants in accordance with Article VII, if any such payment is received prior to 2:00 3:00 p.m. (Chicago New York time) on a Business Day in like funds as received prior to such time, and otherwise the Administrative Agent will shall distribute such payment to such Lenders and Certificate Holders 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/Certificate Holder 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 Agent or 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 Chicago, Illinois not later than 12:00 1:00 p.m. (Noon) (Chicago time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder Lessor Amounts, fees or other amounts payable by the Lessee Agent or 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 Lenders and the Certificate Holders Lessors in such manner as the Administrative Agent may determine in good faith to be appropriate in respect of obligations owing by Lessee Agent or the Lessee Lessee, subject to the terms of Section 4.6). The Administrative Agent will distribute such payments to such Lenders and Certificate Holders Lessors in accordance with Article VII, if any such payment is received prior to 2:00 1:00 p.m. (Chicago time) on a Business Day in like funds as received at or prior to such time, and otherwise the Administrative Agent will distribute such payment to such Lenders and Certificate Holders Lessors 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/Certificate Holder 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 (Alumax Inc)

Place and Manner of Payments. Except as otherwise specifically provided hereinAll payments of principal, all payments interest, fees, expenses and other amounts to be made by the Lessee Agent or the Lessee hereunder, Borrower under the Master Lease or under any other Operative Document this Credit Agreement shall be made to received not later than 2:00 p.m. on the Administrative Agent date when due, in Dollars and in immediately available funds, without offsetby the Administrative Agent at its offices at XxxxxxxXxxx Xxxxxxxxx Xxxxxx, deductionXxxxxxxxx, counterclaim or withholding of any kind, to the Account in Chicago, Illinois not later than 12:00 p.m. (Noon) (Chicago time) on the date when dueXxxxx Xxxxxxxx. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee Borrower shall, at the time it makes any payment under any Operative Documentthis Credit Agreement, specify to the Administrative Agent Agent, the Loans and Certificate Holder AmountsLoans, Letters of Credit, fees or other amounts payable by the Lessee Agent or 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 shall, subject to Section 3.7, distribute such payment to the Lenders and the Certificate Holders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6deem appropriate). The Administrative Agent will distribute such payments to such the applicable Lenders and Certificate Holders in accordance with Article VII, if any such payment is received prior to 2:00 p.m. (Chicago time) on a Business Day in like funds as received prior to such time, and p.m.; otherwise the Administrative Agent will distribute such payment to such the applicable Lenders and Certificate Holders 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 for the period of such extension), except that in the case of Eurodollar Loans/Certificate Holder 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: Credit Agreement (Knoll Inc)

Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee Agent or the Lessee hereunder, under the Master Lease or under any other Operative Document hereunder shall be made to the Administrative Agent (as assignee of the Lessor pursuant to the Assignment of Lease and Rent) in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to the Account in Chicago, Illinois not later than 12:00 2:00 p.m. (Noon) (Chicago New York time) on the date when due, and the Lessor hereby directs the Lessee to pay to the Administrative Agent the Rent from time to time due under the Lease for distribution by the Administrative Agent in accordance with Article VII. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder AmountsBasic Rent, fees Supplemental Rent, Property Cost, Fees or other amounts payable by the Lessee Agent or 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 Lenders and the Certificate Holders Participants in such manner as the Administrative Agent Participants may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6Lessee). The Administrative Agent will distribute such payments to such Lenders and Certificate Holders the Participants in accordance with Article VII, VII if any such payment is received prior to 2:00 p.m. (Chicago New York time) on a Business Day in like funds as received prior to the end of such time, Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders and Certificate Holders the 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 succeeding Business Day (subject to accrual of interest and fees for the period of such extension), except that in the case of Eurodollar LIBOR Loans/Certificate Holder Capital/Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be by made on the next preceding Business Day.

Appears in 1 contract

Samples: Participation Agreement (Adobe Systems Inc)

Place and Manner of Payments. Except as otherwise ---------------------------- specifically provided herein, all payments by the Lessee Agent or 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 kindkind (except that amounts due a Related Party Lender shall be deducted from such payments), to the Account in Chicago, Illinois not later than 12:00 p.m. 2:00 P.M. (Noon) (Chicago New York City time) on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder Amounts, fees or other amounts payable by the Lessee Agent or the Lessee hereunder to which how such payment is to be applied (to the Loan Balance and Lessor Balance, and in the event that it the Lessee fails to so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders and the Certificate Holders Participants in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to Lessee, unless an Event of Default shall have occurred and be continuing in which event the terms provisions of Section 4.6)7.7 shall apply. The Administrative Agent will ----------- distribute such payments to such Lenders and Certificate Holders the Participants in accordance with Article VII, if ----------- any such payment is received prior to 2:00 p.m. P.M. (Chicago New York City time) on a Business Day in like funds as received prior to the end of such time, Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders and Certificate Holders the 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 succeeding Business Day (subject to accrual of interest (at the applicable Base Rate or Adjusted Eurodollar Rate) and fees for the period of such extension), except that in the case of Eurodollar Loans/Certificate Holder 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 (Palm Inc)

Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee Agent or the Lessee hereunder, under the Master Lease or under any other Operative Document hereunder shall be made to the Administrative Agent (as assignee of the Lessor pursuant to the Assignment of Lease, Rent and CAA) in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, to the Account in Chicago, Illinois not later than 12:00 2:00 p.m. (Noon) (Chicago New York time) on the date when due, and the Lessor hereby directs the Lessee to pay to the Administrative Agent the Rent from time to time due under the Lease for distribution by the Administrative Agent in accordance with Article VII. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder Lessor Amounts, fees Fees or other amounts payable by the Lessee Agent or 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 Lenders and the Certificate Holders Participants in such manner as the Administrative Agent Participants may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6)Lessee. The Administrative Agent will distribute such payments to such Lenders and Certificate Holders the Participants in accordance with Article VII, VII if any such payment is received prior to 2:00 p.m. (Chicago New York time) on a Business Day in like funds as received prior to the end of such time, Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders and Certificate Holders the 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 succeeding Business Day (subject to accrual of interest and fees for the period of such extension), except that in the case of Eurodollar LIBOR Loans/Certificate Holder Lessor Amounts, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be by made on the next preceding Business Day.

Appears in 1 contract

Samples: Participation Agreement (Adobe Systems Inc)

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Place and Manner of Payments. Except as otherwise specifically provided herein, all payments by the Lessee Agent or 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 ChicagoCleveland, Illinois Ohio not later than 12:00 p.m. (Noon) (Chicago 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. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder AmountsBasic Rent, fees Property Cost, Fees, Supplemental Rent or other amounts payable by the Lessee Agent or 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 Lenders Purchasers and the Certificate Holders Lessor in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6). The Administrative Agent will distribute such payments to such Lenders and Certificate Holders the Lessor in accordance with Article VII, if any such payment is received prior to 2:00 p.m. (Chicago Cleveland, Ohio time) on a Business Day in like funds as received prior to such time, and otherwise the Administrative Agent will distribute such payment to such Lenders Purchasers and Certificate Holders 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/Certificate Holder 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 Agent or 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 ChicagoCleveland, Illinois Ohio not later than 12:00 2:00 p.m. (Noon) (Chicago 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. Administrative Agent shall send an invoice to Lessee Agent for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunder. The Lessee Agent or the Lessee shall, at the time it makes any payment under any Operative Document, specify to the Administrative Agent the Loans and Certificate Holder AmountsBasic Rent, fees Property Cost, Fees, Supplemental Rent or other amounts payable by the Lessee Agent or 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 Lenders and the Certificate Holders Participants in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6Article VII). The Administrative Agent will distribute such payments to such Lenders and Certificate Holders Participants in accordance with Article VII, if any such payment is received prior to 2:00 3:00 p.m. (Chicago New York time) on a Business Day in like funds as received prior to such time, and otherwise the Administrative Agent will shall distribute such payment to such Lenders and Certificate Holders 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/Certificate Holder 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. (a) All payments of principal, interest, fees, expenses and other amounts to be made by a Credit Party under this Credit Agreement shall be made unconditionally and without any setoff, deduction, counterclaim, defense, recoupment or withholding of any kind and received not later than 2:00 p.m. on the date when due, in Dollars (except with respect to principal of and interest on Loans denominated in an Alternative Currency) and in Same Day Funds, to the Administrative Agent at the Agency Services Address. Except as otherwise specifically expressly provided herein, all payments by the Lessee Agent or the Lessee hereunder, under the Master Lease or under any other Operative Document Borrowers hereunder with respect to principal and interest on Loans denominated in an Alternative Currency shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Agency Services Address in such Alternative Currency and in Same Day Funds not later than the Applicable Time specified by the Administrative Agent on the dates specified herein. Without limiting the generality of the foregoing, the Administrative Agent may require that any payments due under this Credit Agreement be made in the United States. If, for any reason, any Borrower is prohibited by any Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in immediately available funds, without offset, deduction, counterclaim or withholding the Dollar Equivalent of any kind, to the Account in Chicago, Illinois not later than 12:00 p.m. (Noon) (Chicago time) on the date when dueAlternative Currency payment amount. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. Administrative Agent Day and additional interest shall send an invoice to Lessee Agent accrue and be payable for Basic Rent, Supplemental Rent and other amounts due hereunder prior to such amounts being due hereunderadditional period. The Lessee Agent or the Lessee Borrower shall, at the time it makes any payment under any Operative Documentthis Credit Agreement, specify to the Administrative Agent the Loans and Certificate Holder AmountsLoans, Letters of Credit, fees or other amounts payable by the Lessee Agent or 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 shall, subject to Section 3.7, distribute such payment to the Lenders and the Certificate Holders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by Lessee Agent or the Lessee subject to the terms of Section 4.6reasonably deem appropriate). The Administrative Agent will distribute such payments to such the Lenders and Certificate Holders in accordance with Article VII, on the same Business Day if any such payment is received prior to (i) at or before 2:00 p.m. p.m., in the case of payments in Dollars or (Chicago timeii) on a Business Day at or before the Applicable Time specified by the Administrative Agent in like funds as received prior to such timethe case of payments in an Alternative Currency, and otherwise the Administrative Agent will distribute such payment to such the Lenders and Certificate Holders 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 for the period of such extension), except that that, in the case of Eurodollar Loans/Certificate Holder 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: Revolving Credit Agreement (Polaris Industries Inc/Mn)

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