Common use of Pro Rata Treatment and Application of Principal Payments Clause in Contracts

Pro Rata Treatment and Application of Principal Payments. Each payment, including each prepayment, of principal and interest on the Loans and of the Facility Fee and the Utilization Fee shall be made by the Borrower to the Administrative Agent at its office provided for in Section 11.2 in funds immediately available to the Administrative Agent at such office by 1:00 p.m. on the due date for such payment, and, promptly upon receipt thereof by the Administrative Agent, shall be remitted by the Administrative Agent in like funds as received, to the Lenders according to the Commitment Percentage of each Lender, in the case of the Facility Fee and the Utilization Fee then due to the Lenders, pro rata according to the aggregate outstanding principal balance of the Revolving Credit Loans, in the case of principal and interest then due thereon, and to the applicable Lender in the case of principal and interest then due on a Competitive Bid Loan. The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 1:00 -33- 35 p.m. on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and (except with respect to payments in respect of the Facility Fee and the Utilization Fee) interest shall be payable at the applicable rate specified herein during such extension.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cleco Utility Group Inc)

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Pro Rata Treatment and Application of Principal Payments. Each payment, including each prepayment, of principal and interest on the Loans and of the Facility Fee and the Utilization Commitment Fee shall be made by the Borrower to the Administrative Agent at its office provided for set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 1:00 p.m. 12:00 Noon on the due date for such payment, and, promptly upon receipt thereof by the Administrative Agent, shall be remitted by the Administrative Agent in like funds as received, to the Lenders according to the Commitment Percentage of each Lender, in the case of the Facility Fee Commitment Fee, and the Utilization Fee then due to the Lenders, pro rata according to the aggregate outstanding principal balance of the Revolving Credit Loans, in the case of principal and interest then due thereon, and to the applicable Lender in the case of principal and interest then due on a Competitive Bid Loan. The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 1:00 -33- 35 p.m. 12:00 Noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and (except with respect to payments in respect of the Facility Fee and the Utilization Commitment Fee) interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any Eurodollar Advance prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.12.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Bet Holdings Inc)

Pro Rata Treatment and Application of Principal Payments. Each payment, including each prepayment, of principal and interest on the Loans and of the Facility Fee and the Utilization Commitment Fee shall be made by the Borrower to the Administrative Agent at its office provided for set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 1:00 p.m. 2:00 P.M. on the due date for such payment, and, promptly upon receipt thereof by the Administrative Agent, shall be remitted by the Administrative Agent in like funds as received, to the Lenders according to the Commitment Percentage of each Lender, in the case of the Facility Fee Commitment Fee, and the Utilization Fee then due to the Lenders, pro rata according to the aggregate outstanding principal balance of the Revolving Credit Loans, in the case of principal and interest then due thereon, and to the applicable Lender in the case of principal and interest then due on a Competitive Bid Loan. The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 1:00 -33- 35 p.m. 2:00 P.M. on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and (except with respect to payments in respect of the Facility Fee and the Utilization Commitment Fee) interest shall be payable at the applicable rate specified herein during such extension. If any payment is made with respect to any Eurodollar Advance prior to the last day of the applicable Interest Period, the Borrower shall indemnify each Lender in accordance with Section 2.14.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mercury General Corp)

Pro Rata Treatment and Application of Principal Payments. Each payment, including each prepayment, of principal and interest on the Loans and of the Facility Fee and the Utilization Fee shall be made by the Borrower to the Administrative Agent at its office provided for set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 1:00 p.m. 12:00 noon on the due date for such payment, and, promptly . Promptly upon receipt thereof by the Administrative Agent, the Agent shall be remitted by the Administrative Agent remit, in like funds as received, (i) to the Lenders according who maintain any of their Loans as ABR Advances or Eurodollar Advances, each such Lender's pro rata share of such payments which are in respect of principal or interest due on such ABR Advances or Eurodollar Advances; (ii) to the Commitment Percentage Lenders who maintain any of their Revolving Credit Loans as Competitive Bid Advances, each such Lender, 's pro rata share of such payments which are in respect principal or interest due on such Competitive Bid Advances in accordance with Sections 2.5(c) and (d) and (iii) in the case of the Facility Fee and the Utilization Fee then due Fees, to the Lenders, all Lenders pro rata according to the aggregate outstanding principal balance of the Revolving Credit Loans, each Lender's Commitment Percentage thereof (except as otherwise provided in the case of principal and interest then due thereon, and to the applicable Lender in the case of principal and interest then due on a Competitive Bid LoanSection 2.21). The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 1:00 -33- 35 p.m. 12:00 noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and (except with respect to payments in respect of the Facility Fee and the Utilization Fee) interest shall be payable at the applicable rate specified herein during such extension.be

Appears in 1 contract

Samples: Credit Agreement (New Plan Excel Realty Trust Inc)

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Pro Rata Treatment and Application of Principal Payments. Each payment, including each prepayment, of principal and interest on the Loans and of the Facility Fee and the Utilization Fee shall be made by the Borrower to the Administrative Agent at its office provided for set forth in Section 11.2 in funds immediately available to the Administrative Agent at such office by 1:00 p.m. 12:00 Noon on the due date for such payment, and, promptly upon receipt thereof by the Administrative Agent, shall be remitted by the Administrative Agent in like funds as received, to the Lenders according to the Commitment Percentage of each Lender, in the case of the Facility Fee and the Utilization Fee then due to the LendersFee, pro rata according to the aggregate outstanding principal balance of the Revolving Credit Loans, in the case of principal and interest then due thereon, and to the applicable Lender in the case of principal and interest then due on a Competitive Bid Loan. The failure of the Borrower to make any such payment by such time shall not constitute a default hereunder, provided that such payment is made on such due date, but any such payment made after 1:00 -33- 35 p.m. 12:00 Noon on such due date shall be deemed to have been made on the next Business Day for the purpose of calculating interest on amounts outstanding on the Loans. If any payment hereunder or under the Notes shall be due and payable on a day which is not a Business Day, the due date thereof (except as otherwise provided in the definition of Interest Period) shall be extended to the next Business Day and (except with respect to payments in respect of the Facility Fee and the Utilization Fee) interest shall be payable at the applicable rate specified herein during such extension.

Appears in 1 contract

Samples: Credit Agreement (Cleco Corp)

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