Common use of Place and Time of Payments Clause in Contracts

Place and Time of Payments. (a) All payments by the Borrower to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the Borrower. Any payment received by the Lender after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender on the following Business Day. (b) All amounts payable by the Borrower to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the Borrower. The Lender may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 2 contracts

Samples: Credit Agreement (Metromedia International Group Inc), Credit Agreement (Metromedia International Group Inc)

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Place and Time of Payments. (a) All payments by the Borrower to the Lender under this Agreement and the other Credit Loan Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the Borrower. Any payment received by the Lender after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender prior to 2:00 p.m. on the following Business Day. (b) All amounts payable by the Borrower to the Lender under this Agreement or any of the other Credit Loan Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the LenderLender except as otherwise expressly provided herein. All amounts payable by the Borrower to the Lender under this Agreement or the other Credit Loan Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the Borrower. The Lender may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement or the other Credit Loan Documents, but the failure to send such notice shall not affect or excuse the Borrower's obligation to make payment of the amounts due on the specified due datedate except as otherwise expressly provided herein. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal. (e) The Borrower agrees to pay to the Lender, on demand, a late charge computed as follows to cover the extra expense involved in handling late payments: The late charge will be equal to five percent (5.0%) of any payment that is not paid within twelve (12) days after it is due. The late charge shall never be less than $10.00 on each payment. This provision shall not be deemed to excuse a late payment or be deemed a waiver of any other right the Lender may have, including the right to declare the entire unpaid principal and interest immediately due and payable.

Appears in 2 contracts

Samples: Credit Agreement (Morrison Fresh Cooking Inc /Ga), Credit Agreement (Morrison Restaurants Inc /Ga)

Place and Time of Payments. (a) All payments by the Borrower to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Main Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 7.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the Borrower. Any payment received by the Lender after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender on the following Business Day. (b) All amounts payable by the Borrower to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the Borrower. The Lender may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Credit Agreement (Infinity Property & Casualty Corp)

Place and Time of Payments. (a) All payments by the Borrower to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Main Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 7.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the Borrower. Any payment received by the Lender after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender on the following Business Day. (b) All amounts payable by the Borrower to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the Borrower. The Lender may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's ’s obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Credit Agreement (Infinity Property & Casualty Corp)

Place and Time of Payments. (a) All payments by the Borrower to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Main Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 7.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the Borrower. Any payment received by the Lender after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender on the following Business Day. (b) All amounts payable by the Borrower to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the Borrower. The Lender may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Credit Agreement (Wall Street Deli Inc)

Place and Time of Payments. (a) 1. All payments by the Borrower to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 0 or at such other address within the continental United States as shall be specified by the Lender by notice to the Borrower. Any payment received by the Lender after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender on the following Business Day. (b) 2. All amounts payable by the Borrower to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the Borrower. The Lender may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's obligation to make payment of the amounts due on the specified due date. (c) 3. Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) 4. Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Credit Agreement (Metromedia International Group Inc)

Place and Time of Payments. (a) All payments by the Borrower Borrowers to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Office main office in BirminghamMobile, Alabama at the hand delivery address set forth in Section 8.1 7.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the BorrowerBorrowers. Any payment received by the Lender after 2:00 p.m. (BirminghamMobile, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower Borrowers and received by the Lender on the following Business Day. (b) All amounts payable by the Borrower Borrowers to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower Borrowers to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the BorrowerBorrowers. The Lender may, at its option, send written notice or demand to the Borrower Borrowers of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's Borrowers' obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally fmally to principal.

Appears in 1 contract

Samples: Revolving Loan Agreement (International Shipholding Corp)

Place and Time of Payments. (a) All payments by the Borrower to the Lender Holder under this Agreement and the other Credit Documents Note shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Main Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 or at such other address within the continental United States as shall be specified by the Lender Holder by notice to the Borrower. Any payment received by the Lender Holder after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender Holder on the following Business Day. (b) All amounts payable by the Borrower to the Lender Holder under this Agreement Note or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the LenderHolder. All amounts payable by the Borrower to the Lender Holder under this Agreement Note or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender Holder to the Borrower. The Lender Holder may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement Note or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's ’s obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Revolving Note (Alabama National Bancorporation)

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Place and Time of Payments. (a) All payments by the Borrower Borrowers to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Main Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 7.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the BorrowerBorrowers. Any payment received by the Lender after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower Borrowers and received by the Lender on the following Business Day. (b) All amounts payable by the Borrower Borrowers to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower Borrowers to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the BorrowerBorrowers. The Lender may, at its option, send written notice or demand to the Borrower Borrowers of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's Borrowers' obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Credit Agreement (Boyd Bros Transportation Inc)

Place and Time of Payments. (a) All payments by the Borrower Borrowers to the Lender Holder under this Agreement and the other Credit Documents Note shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Main Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 or at such other address within the continental United States as shall be specified by the Lender Holder by notice to the BorrowerBorrower Representative. Any payment received by the Lender Holder after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower Borrowers and received by the Lender Holder on the following Business Day. (b) All amounts payable by the Borrower Borrowers to the Lender Holder under this Agreement Note or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the LenderHolder. All amounts payable by the Borrower Borrowers to the Lender Holder under this Agreement Note or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender Holder to the BorrowerBorrower Representative. The Lender Holder may, at its option, send written notice or demand to the Borrower Representative of amounts payable on a specified due date pursuant to this Agreement Note or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's Borrowers’ obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Note (Hibbett Sports Inc)

Place and Time of Payments. (a) All payments by the Borrower to the Lender under this Agreement and the other Credit Documents shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Office main office in BirminghamMobile, Alabama at the hand delivery address set forth in Section 8.1 7.1 or at such other address within the continental United States as shall be specified by the Lender by notice to the Borrower. Any payment received by the Lender after 2:00 p.m. (BirminghamMobile, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender on the following Business Day. (b) All amounts payable by the Borrower to the Lender under this Agreement or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the Lender. All amounts payable by the Borrower to the Lender under this Agreement or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender to the Borrower. The Lender may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

Place and Time of Payments. (a) All payments by the Borrower to the Lender Holder under this Agreement and the other Credit Documents Note shall be made in lawful currency of the United States and in immediately available funds to the Lender at its Principal Main Office in Birmingham, Alabama at the hand delivery address set forth in Section 8.1 or at such other address within the continental United States as shall be specified by the Lender Holder by notice to the Borrower. Any payment received by the Lender Holder after 2:00 p.m. (Birmingham, Alabama time) on a Business Day (or at any time on a day that is not a Business Day) shall be deemed made by the Borrower and received by the Lender Holder on the following Business Day. (b) All amounts payable by the Borrower to the Lender Holder under this Agreement Note or any of the other Credit Documents for which a payment date is expressly set forth herein or therein shall be payable on the specified due date without notice or demand by the LenderHolder. All amounts payable by the Borrower to the Lender Holder under this Agreement Note or the other Credit Documents for which no payment date is expressly set forth herein or therein shall be payable ten days after written demand by the Lender Holder to the Borrower. The Lender Holder may, at its option, send written notice or demand to the Borrower of amounts payable on a specified due date pursuant to this Agreement Note or the other Credit Documents, but the failure to send such notice shall not affect or excuse the Borrower's obligation to make payment of the amounts due on the specified due date. (c) Payments that are due on a day that is not a Business Day shall be payable on the next succeeding Business Day, and any interest payable thereon shall be payable for such extended time at the specified rate. (d) Except as otherwise required by law, payments received by the Lender shall be applied first to expenses, fees and charges, then to interest and finally to principal.

Appears in 1 contract

Samples: Promissory Note (Alabama National Bancorporation)

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