Repayment of Revolving Advances. (a) The Revolving Advances shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided. (b) The Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment may not be collectible by the Lender on the date received. In consideration of the Lender's agreement to conditionally credit Borrower's Account as of the Business Day on which the Lender receives those items of payment, the Borrower agrees that, in computing the charges under this Agreement, all items of payment shall be deemed applied by the Lender on account of the Obligations one (1) Business Day after the Business Day the Lender receives such payments via wire transfer or electronic depository check. The Lender is not, however, required to credit Borrower's Account for the amount of any item of payment which is unsatisfactory to the Lender and the Lender may charge Borrower's Account for the amount of any item of payment which is returned to the Lender unpaid. (c) All payments of principal, interest and other amounts payable hereunder, or under any of the Other Documents shall be made to the Lender at the Payment Office not later than 1:00 P.M. (California time) on the due date therefor in lawful money of the United States of America in funds immediately available to the Lender. The Lender shall have the right to effectuate payment on any and all Obligations due and owing hereunder by charging Borrower's Account or by making Revolving Advances as provided in Section 2.2 hereof. (d) The Borrower shall pay principal, interest, and all other amounts payable hereunder, or under any related agreement, without any deduction whatsoever, including, but not limited to, any deduction for any setoff or counterclaim.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Fidelity National Information Solutions Inc), Revolving Credit Agreement (Fidelity National Information Solutions Inc)
Repayment of Revolving Advances. (a) The Revolving Advances shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided.
(b) The Each Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral may not be collectible by the Lender Agent on the date received. In consideration of the LenderAgent's agreement to conditionally credit Borrower's Borrowers' Account as of the Business Day on which the Lender Agent receives those items of payment, the each Borrower agrees that, in computing the charges under this Agreement, all items of payment shall be deemed applied by the Lender Agent on account of the Obligations one (1) Business Day after the Business Day the Lender Agent receives such payments via wire transfer or electronic depository check. The Lender Agent is not, however, required to credit Borrower's Borrowers' Account for the amount of any item of payment which is unsatisfactory to the Lender Agent and the Lender Agent may charge Borrower's Borrowers' Account for the amount of any item of payment which is returned to the Lender Agent unpaid.
(c) All payments of principal, interest and other amounts payable hereunder, or under any of the Other Documents shall be made to the Lender Agent at the Payment Office not later than 1:00 P.M. (California timeNew York Time) on the due date therefor in lawful money of the United States of America in federal funds or other funds immediately available to the LenderAgent. The Lender Agent shall have the right to effectuate payment on any and all Obligations due and owing hereunder by charging Borrower's Borrowers' Account or by making Revolving Advances as provided in Section 2.2 hereof.
(d) The Borrower Borrowers shall pay principal, interest, and all other amounts payable hereunder, or under any related agreement, without any deduction whatsoever, including, but not limited to, any deduction for any setoff or counterclaim.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Vista Information Solutions Inc)
Repayment of Revolving Advances. (a) The Revolving Advances shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided.
(b) The Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment may not be collectible by the Lender on the date received. In consideration of the Lender's agreement Agent agrees to conditionally credit Borrower's Account account as of the Business Day on which Agent receives the Lender receives those proceeds of Receivables remitted to Agent by Factor from time to time. With respect to all other items of paymentpayment received by Agent, the Borrower agrees that, in computing the charges under this Agreement, all such items of payment shall be deemed applied by the Lender Agent on account of the Obligations one (1upon confirmation to Agent by the Blocked Account bank or Depository Account bank, as provided for in Section 4.15(h) Business Day after the Business Day the Lender receives hereof, that such payments via wire transfer or electronic depository checkitems of payment have been collected in good funds and finally credited to Agent's account. The Lender Agent is not, however, required to credit Borrower's Account account for the amount of any item of payment which is unsatisfactory to the Lender Agent and the Lender Agent may also charge Borrower's Account account for the amount of any item of payment which is returned to the Lender Agent unpaid.
(c) All payments of principal, interest and other amounts payable hereunder, or under any of the Other Documents related agreements shall be made to Agent for itself and the Lender other Lenders at the Payment Office not later than 1:00 P.M. (California timeNew York Time) on the due date therefor in lawful money of the United States of America in federal funds or other funds immediately available to the LenderAgent. The Lender Agent shall have the right to effectuate payment on any and all Obligations due and owing hereunder by charging Borrower's Account account or by making Revolving Advances as provided in Section 2.2 hereof.
(d) The Borrower shall pay principal, interest, and all other amounts payable hereunder, or under any related agreementOther Documents, without any deduction whatsoever, including, but not limited to, any deduction for any setoff or counterclaim.
(e) Provided that no Revolving Advances are then outstanding and provided further that no Event of Default has occurred and is continuing, Agent shall remit to an operating account of Borrower, as directed by Borrower, all credit balances of Borrower in good and collected funds.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Delta Mills Inc)
Repayment of Revolving Advances. (a) The Revolving Advances shall be due and payable in full on the last day of the Term Termination Date subject to earlier prepayment as herein provided.
(b) The Each Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral may not be collectible by the Lender Agent on the date received. In consideration of the Lender's Agent’s agreement to conditionally credit the applicable Borrower's ’s Account as of the Business Day on which the Lender Agent receives those items of payment, the each Borrower agrees that, in computing the charges under this Agreement, all items of payment shall be deemed applied by the Lender Agent on account of the Obligations one (1) the same Business Day after as confirmation to Agent by the Business Day the Lender receives Blocked Account bank, as provided for in Section 4.15(h), that such payments via wire transfer or electronic depository checkitems of payment have been collected in good funds and credited to Agent’s account. The Lender Agent is not, however, required to credit any Borrower's ’s Account for the amount of any item of payment which is unsatisfactory to the Lender Agent and the Lender Agent may charge the applicable Borrower's ’s Account for the amount of any item of payment which is returned to the Lender Agent unpaid.
(c) All payments of principal, interest and other amounts payable hereunder, or under any of the Other Documents related agreements shall be made to the Lender Agent at the Payment Office not later than 1:00 P.M. p.m. (California New York time) on the due date therefor in lawful money of the United States of America in federal funds or other funds immediately available to the LenderAgent. The Lender Agent shall have the right to effectuate payment on any and all Obligations due and owing hereunder by charging the applicable Borrower's ’s Account or by making Revolving Advances as provided in Section 2.2 hereof2.2.
(d) The Borrower Borrowers shall pay principal, interest, and all other amounts payable hereunder, or under any related agreement, without any deduction whatsoever, including, but not limited to, any deduction for any setoff or counterclaim.
Appears in 1 contract
Repayment of Revolving Advances. (a) The Revolving Advances shall be due and payable in full on the last day of the Term Termination Date, subject to earlier prepayment as herein provided, acceleration upon the occurrence of an Event of Default under this Agreement or termination of this Agreement.
(b) The Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral may not be collectible by the Lender Agent on the date received. In consideration of the LenderAgent's agreement to conditionally credit Borrower's Account as of the Business Day on which the Lender Agent receives those items of payment, the Borrower agrees that, in computing the charges under this Agreement, all items of payment shall be deemed applied by the Lender Agent on account of the Obligations one (1) Business Day after the Business Day the Lender Agent receives such payments via wire transfer or electronic depository check. The Lender Agent is not, however, required to credit Borrower's Account for the amount of any item of payment which is unsatisfactory to the Lender Agent and the Lender Agent may charge Borrower's Account for the amount of any item of payment which is returned to the Lender Agent unpaid.
(c) All payments of principal, interest and other amounts payable hereunder, or under any of the Other Documents shall be made to the Lender Agent at the Payment Office not later than 1:00 P.M. (California New York time) on the due date therefor in lawful money of the United States of America in federal funds or other funds immediately available to the LenderAgent. The Lender Agent shall have the right to effectuate payment on any and all Obligations due and owing hereunder by charging Borrower's Account or by making Revolving Advances as provided in Section 2.2 Sections 2.3 or 3.1 hereof.
(d) The Borrower shall pay principal, interest, and all other amounts payable hereunderhereunder (including prepayments), or under any related agreement, without any deduction whatsoever, including, but not limited to, any deduction for any setoff or counterclaim.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Robotic Vision Systems Inc)
Repayment of Revolving Advances. (a) The Revolving Advances shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided.
(b) The Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral may not be collectible by the Lender Agent on the date received. In consideration of the LenderAgent's agreement to conditionally credit Borrower's Account as of the Business Day on which the Lender Agent receives those items of payment, the Borrower agrees that, in computing the charges under this Agreement, all items of payment shall be deemed applied by the Lender Agent on account of the Obligations one (1) Business Day after following the Business Day the Lender Agent receives such payments remittances via wire transfer or electronic depository checkcheck from either the Blocked Account bank, the Depository Account bank or Borrower. The Lender Agent is not, however, required to credit Borrower's Account for the amount of any item of payment which is unsatisfactory to the Lender Agent and the Lender Agent may charge Borrower's Account for the amount of any item of payment which is returned to the Lender Agent unpaid.
(c) All payments of principal, interest and other amounts payable hereunder, or under any of the Other Documents related agreements shall be made to the Lender Agent at the Payment Office not later than 1:00 P.M. (California timeNew York Time) on the due date therefor in lawful money of the United States of America in federal funds or other funds immediately available to the LenderAgent. The Lender Agent shall have the right to effectuate payment on any and all Obligations due and owing hereunder by charging Borrower's Account or by making Revolving Advances as provided in Section 2.2 hereof.
(d) The Borrower shall pay principal, interest, and all other amounts payable hereunder, or under any related agreement, without any deduction whatsoever, including, but not limited to, any deduction for any setoff or counterclaim.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Fonda Group Inc)
Repayment of Revolving Advances. (a) The Revolving Advances shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided.
(b) The Each Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral may not be collectible by the Lender on the date received. In consideration of the Lender's agreement to conditionally credit Borrower's Account Borrowers' account as of the Business Day on which the Lender receives those items of payment, the each Borrower agrees that, in computing the charges under this Agreement, all items of payment shall be deemed applied by the Lender on account of the Obligations one two (12) Business Day Days after confirmation to Lender by the Business Day the Lender receives Blocked Account bank or Depository Account bank, as provided for in Section 4.15(h) hereof, that such payments via wire transfer or electronic depository checkitems of payment have been collected in good funds and finally credited to Lender's account. The Lender is not, however, required to credit Borrower's Account Borrowers' account for the amount of any item of payment which is unsatisfactory to the Lender Lender, in its reasonable discretion and the Lender may charge Borrower's Account Borrowers' account for the amount of any item of payment which is returned to the Lender unpaid.
(c) All payments of principal, interest and other amounts payable hereunder, or under any of the Other Documents related agreements shall be made to the Lender at the Payment Office not later than 1:00 P.M. (California timeNew York Time) on the due date therefor in lawful money of the United States of America in federal funds or other funds immediately available to the Lender. The Lender shall have the right to effectuate payment on any and all Obligations due and owing hereunder by charging Borrower's Account Borrowers' account or by making Revolving Advances as provided in Section 2.2 hereof.
(d) The Borrower Borrowers shall pay principal, interest, and all other amounts payable hereunder, or under any related agreementOther Documents, without any deduction whatsoever, including, but not limited to, any deduction for any setoff or counterclaim.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Parlux Fragrances Inc)