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 Commitment Fee shall be made by the Borrower without set- off or counterclaim and shall be made to the Administrative Agent at its office set forth in Section 11.2 in Dollars and in funds immediately available to the Administrative Agent at such office by 1:30 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 Pro Rata Share of each Lender; provided, that each -------- prepayment made pursuant to Section 2.4(d) shall be remitted by the Administrative Agent, in like funds as received, to the Accepting Lenders according to the Pro Rata Share of each Accepting Lender. 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 1:30 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 that 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 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 2.11.

Appears in 1 contract

Samples: Term Loan Agreement (Total Renal Care Holdings 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 Commitment Fee shall be made by the Borrower without set- off or counterclaim and shall be made to the Administrative Agent at its office set forth in Section 11.2 in Dollars and in funds immediately available to the Administrative Agent at such office by 1:30 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, Agent in like funds as received, to the Lenders according to the Pro Rata Share Commitment Percentage of each Lender; provided, that each -------- prepayment made pursuant to Section 2.4(d) shall be remitted by the Administrative Agent, in like funds as receivedthe case of the Commitment Fee, to the Accepting Lenders and pro rata according to the Pro Rata Share aggregate outstanding principal balance of each Accepting Lenderthe Loans, in the case of principal and interest due thereon. 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 1:30 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 that 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 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 2.112.12.

Appears in 1 contract

Samples: 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 Commitment Facility Fee shall be made by the Borrower without set- off or counterclaim and shall be made to the Administrative Agent at its office set forth in Section 11.2 in Dollars and in funds immediately available to the Administrative Agent at such office by 1:30 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, Agent in like funds as received, to the Lenders according to the Pro Rata Share Commitment Percentage of each Lender; provided, that each -------- prepayment made pursuant to Section 2.4(d) shall be remitted by the Administrative Agent, in like funds as receivedthe case of the Facility Fee, to the Accepting Lenders pro rata according to the Pro Rata Share aggregate outstanding principal balance of each Accepting Lenderthe Revolving Credit Loans, in the case of principal and interest due thereon, and to the applicable Lender in the case of principal and interest 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 1:30 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 that 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 Commitment Facility 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 2.11.

Appears in 1 contract

Samples: Day Credit Agreement (Cleco Corp)

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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 Commitment Fee shall be made by the Borrower without set- off or counterclaim and shall be made to the Administrative Agent at its office set forth in Section 11.2 in Dollars and in funds immediately available to the Administrative Agent at such office by 1:30 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, Agent in like funds as received, to the Lenders according to the Pro Rata Share Commitment Percentage of each Lender; provided, that each -------- prepayment made pursuant to Section 2.4(d) shall be remitted by the Administrative Agent, in like funds as receivedthe case of the Commitment Fee, to the Accepting Lenders and pro rata according to the Pro Rata Share aggregate outstanding principal balance of each Accepting Lenderthe Loans, in the case of principal and interest due thereon. 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 1:30 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 that 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 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 2.112.14.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mercury General Corp)

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