Common use of SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS Clause in Contracts

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week (or more frequently if required by Agent) (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness as of the end of the Business Day preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s current balance of the Advances as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Share of the Advances outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lender, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agent, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date, payments to be applied to interest on the Advances shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is the intent of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or in writing), settlements shall be made on Wednesday of each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement day. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled to the sharing of any payments hereunder (including any principal, interest or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunder.

Appears in 3 contracts

Samples: Loan and Security Agreement (WireCo WorldGroup Poland Holdings Sp. z.o.o.), Loan and Security Agreement (1295728 Alberta ULC), Loan and Security Agreement (1295728 Alberta ULC)

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SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Revolving Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Revolving Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements subsection 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the unused line fee set forth in subsection 4(c)(i) hereof shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; and (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the prepayment fee set forth in Section 2(d) or 10 hereof shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daybe paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Apac Customer Service Inc), Loan and Security Agreement (Apac Customer Service Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week daily basis (or more frequently if required requested by Agent) Agent (each a “Settlement Date”), ; Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Obligations as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Obligations outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Obligations outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in Section 2.1(e), so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to any fees required to be paid to each Lender pursuant to the intent of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or in writing), settlements terms hereof shall be made on Wednesday of paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrowers to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees)other payment hereunder, until payment is made by such Defaulting Lender to Agent as required in this Agreement. Amounts Any amount payable to a Defaulting Lender shall instead hereunder shall, in lieu of being distributed to such Defaulting Lender, be paid to or retained by Agent. the Agent may hold in a segregated account and, subject to any applicable requirements of law, be applied at such time or times as may be reasonably determined by the Agent (or at the direction of the Representative) in the following order of priority: (a) first, to the payment of any amounts owing by such Defaulting Lender to the Agent hereunder; (b) second, to the funding of any Loan in respect of which such Defaulting Lender has failed to fund its discretionportion thereof as required by this Agreement, re-lend as determined by the Agent and the Representative; (c) third, held in such account as cash collateral for future funding obligations of the Defaulting Lender in respect of any Loans under this Agreement; and (d) fourth, to the payment of any amounts owing to any Obligor as a Borrower the amount result of all any judgment of a court of competent jurisdiction obtained by such payments received or retained by it for the account Obligor against such Defaulting Lender as a result of such Defaulting Lender’s breach of its obligations under this Agreement. For purposes of voting or consenting to matters with respect to this Agreement In the event that the Agent and determining Pro Rata Shares, such the Representative each agrees that a Defaulting Lender shall be deemed not has adequately remedied all matters that caused such Lender to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse then on such date such Lender shall purchase at par such of the performance by Borrower or any Loan Party Loans of their duties and obligations hereunderthe other Lenders as the Agent shall determine may be necessary in order for such Lender to hold such Loans on a pro-rata basis with the other Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Banking Day preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Revolving Loans constituting Floating Rate Loans funded by each Lender Lender, specifying the amounts outstanding to Borrower (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans constituting Floating Rate Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Revolving Loans constituting Floating Rate Loans outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lender, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans constituting Floating Rate Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Revolving Loans constituting Floating Rate Loans outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agent, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, without duplication, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Banking Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata ShareShare in the Applicable Currency, subject to any adjustments for any Disproportionate Advances so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is the intent ; (b) Within one (1) Banking Day of receipt thereof by Agent, payments of principal in respect of the parties hereto that settlements consistently Loans shall be made on paid to each Lender in a proportion to its Pro Rata Share in the same day Applicable Currency; and (c) Within one (1) Banking Day of each weekreceipt thereof by Agent, although Lenders recognize that Agent may designate a different day payments to be applied to the unused line fee set forth in SECTION 2.4.2 and the Letter of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit commission set forth in writingSECTION 2.2(b), settlements shall each be made on Wednesday of paid to each week. If Agent so notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daysubject to any adjustments for any Disproportionate Advances. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances Loans required to be made pursuant to Section 2.1 or 2.10 hereto or has failed to make a settlement payment to Agent pursuant to this Section 2.17SECTION 2.14, no payment shall be made to such Lender by Agent at any time such Lender’s 's share of the outstanding Advances Loans is less than such Lender’s 's Pro Rata Share and Share. If Agent or any Lender fails to pay the other any payment due under this Agreement on its due date, the party to whom such Lender payment is due shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled to recover interest from the sharing party obligated to make such payment at a rate per annum equal to the Federal Funds Rate. No provision of any payments hereunder (including any principal, interest or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting shall entitle any Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation any portion of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse fees described in the performance by Borrower or any Loan Party of their duties and obligations hereunderFee Letter.

Appears in 1 contract

Samples: Loan and Security Agreement (Unifrax Investment Corp)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to a Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to a Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Pre- Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on one (1) Business Day after the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on one (1) Business Day after the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with With respect to the following items shall be distributed by Agent to Lenders as follows: ; (a) On the Settlement DateBusiness Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances Advance as provided in Paragraph 2 of the Agreement so that Agent shall receive interest on the Disproportionate Advances and each Lender Lenders shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) On the intent Business Day of receipt thereof by Agent, payments to be applied to the prepayment fee as provided in Paragraph 9 of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or in writing), settlements Agreement shall be made on Wednesday of paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement day. Notwithstanding the foregoing, if a Lender has failed in proportion to remit its Pro Rata Share Share; and (c) On the Business Day of any Advances required receipt thereof by Agent, payments to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled applied to the sharing Letter of any payments hereunder Credit fee set as provided in Paragraph (including any principal, interest or fees). Amounts payable to a Defaulting Lender 2)(b) of this Exhibit A shall instead be paid to or retained by Agent. Agent may hold and, each Lender in proportion to its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderShare.

Appears in 1 contract

Samples: Loan and Security Agreement (Smith C D Drug Co)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. Not later than 2:00 p.m. (Central Time) on the date of any requested advance of a Revolving Loan, subject to the provisions set forth below, each Lender shall make available its Pro Rata Share of such requested Revolving Loan in funds immediately available at the principal office of the Agent. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Revolving Loans as of the end of the Business Day immediately preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Revolving Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower)Lender. If such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Revolving Loans outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Revolving Loans outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date, payments to be applied to interest on the Advances Revolving Loans shall be paid to each Lender Lender, in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount within two (2) Business Days of funds actually advanced receipt thereof by such Lender. Agent and Lenders acknowledge that it is the intent of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or in writing), settlements shall be made on Wednesday of each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayAgent. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Agent, nor shall a such Defaulting Lender be entitled to share any interest, fees or other payment hereunder, until payment is made by such Defaulting Lender to Agent as required in this Agreement. It is agreed and understood that, in the sharing case of a Defaulting Lender, Agent shall be entitled to set off the funding shortfall of such Defaulting Lender against such Defaulting Lender's respective share of any payments hereunder received from Borrower. Unless the Agent shall have been notified by a Lender prior to 1:00 p.m. (including any principalCentral Time) on the date on which such Lender is scheduled to make payment to the Agent of the proceeds of a Revolving Loan (which notice shall be effective upon receipt) that such Lender does not intend to make such payment, interest or fees)Agent may assume that such Lender has made such payment when due and Agent may in reliance upon such assumption (but shall not be required to) make available to the Borrower the proceeds of the Revolving Loan to be made by such Lender. Amounts payable If and to the extent that a Lender does not settle with Agent as required under this Agreement, such Lender shall constitute a Defaulting Lender shall instead be paid to or retained by Agent. Agent may hold and, in its discretion, re-lend to a and Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not severally agree to repay to Agent forthwith on demand such amount required to be a “Lender” and paid by such Lender’s Commitment shall be deemed Defaulting Lender to be zero Agent, together with interest thereon, for each day from the date such amount is made available to Borrower until the date such amount is repaid to Agent ($0). This Section shall remain effective with respect to x) in the case of a Defaulting Lender until at the rate published by the Federal Reserve Bank of New York on the next succeeding Business Day as the "Federal Funds Rate" or if no such default rate is cured. The operation published for any Business Day, at the average rate quoted for such day for such transactions from three (3) federal funds brokers of this Section recognized standing selected by Agent, and (y) in the case of Borrower, at the interest rate applicable at such time for such Revolving Loans; provided, that Borrower's obligation to repay such advance to Agent shall not be construed relieve such Defaulting Lender of its liability to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgent for failure to settle as provided in this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (NXT-Id, Inc.)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Date"(the "Pre- Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements Section 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the closing fee set forth subsection 4(c)(i) hereof shall be paid to each week. If Agent so notifies Lenders Lender as follows: (72.7273%) to LaSalle and (27.2727%) to Gold Bank; and (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the unused line fee set forth subsection 4(c)(ii) hereof shall take place on such daybe paid to each Lender in proportion to its Pro Rata Share; (e) Within one (1) Business Day of receipt thereof by Agent, unless Agent subsequently notifies Lenders payments to be applied to the special accommodation fee as provided in section 4(c)(iii) shall be paid to each Lender in proportion to its Pro Rata Share and (f) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, payments to be applied to the prepayment fee set forth in Section 10 hereof shall be paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrowers to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basisdaily basis (each, on Wednesday of each week (or more frequently if required by Agent) (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a), so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements subsection 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; and (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the commitment fees set forth in subsection 4(c)(ii) hereof shall be paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share foregoing provisions of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.1718, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrowers to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Omni Energy Services Corp)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each At least once per week (or more frequently if required by Agent) (each day when a settlement pursuant to this Section 2.20 occurs, a “Settlement Date”), the Administrative Agent shall provide each Lender with a Revolving Credit Facility Commitment with a statement of the outstanding balance of the Indebtedness Revolving Facility Loans as of the end of the Business Day preceding that is one Business Day immediately prior to the Settlement Date (the “Pre-Settlement Pre‑Settlement Determination Date”) and the then-current balance of the Advances Revolving Facility Loans funded by each Lender with a Revolving Credit Facility Commitment (whether made directly by such Lender to a Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by the Administrative Agent on behalf of such Lender to a Borrower), plus Swing Loans which shall be converted in connection with such settlement to Revolving Facility Loans hereunder pursuant to Section 2.06(d). If such statement discloses that such Lender’s current balance of the Advances such Revolving Facility Loans as of the Pre-Settlement Pre‑Settlement Determination Date exceeds such Lender’s Pro Rate Share ratable share (based on the Revolving Facility Commitments) of the Advances such Revolving Facility Loans outstanding as of the Pre-Settlement Pre‑Settlement Determination Date, then the Administrative Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances such Revolving Facility Loans as of the Pre-Settlement Pre‑Settlement Determination Date is less than such Lender’s Pro Rata Share ratable share (based on the Revolving Facility Commitments) of the Advances such Revolving Facility Loans outstanding as of the Pre-Settlement Pre‑Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to the Administrative Agent in accordance with the Administrative Agent’s instructions. In addition, payments actually received by the Administrative Agent with respect to the following items shall be distributed by the Administrative Agent to Lenders as follows: On : (a) Within one Business Day of receipt thereof by the Settlement DateAdministrative Agent, payments to be applied to interest on the Advances Revolving Facility Loans shall be paid to each Lender in proportion to its Pro Rata Shareratable share (based on the Revolving Facility Commitments), subject to any adjustments for any Disproportionate Advances as provided in Section 2.03(d), so that the Administrative Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one Business Day of receipt thereof by the intent of the parties hereto that settlements consistently be made on the same day of each weekAdministrative Agent, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or in writing), settlements shall be made on Wednesday of each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement day. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required payments to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled applied to the sharing of any payments hereunder (including any principal, interest or fees). Amounts payable to a Defaulting Lender commitment fee set forth in Section 2.12(b) shall instead be paid to or retained each Lender with a Revolving Facility Commitment in proportion to its ratable share (based on the Revolving Facility Commitments); and (c) Within one Business Day of receipt thereof by the Administrative Agent. Agent may hold and, payments to be applied to the Letter of Credit fee set as provided in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender Section 2.12(c)(ii) shall be deemed not paid to be each Lender with a “Lender” and such Lender’s Revolving Facility Commitment shall be deemed in proportion to be zero its ratable share ($0based on the Revolving Facility Commitments). This Section 2.20 shall remain effective with respect be subject to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunder2.13(g).

Appears in 1 contract

Samples: Credit Agreement (WireCo WorldGroup Inc.)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Banking Day preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Revolving Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Revolving Loans outstanding as of the Pre-Settlement Determination Date, then Agent shall, on one (1) Banking Day after the Settlement Date, transfer to such Lender, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Revolving Loans outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on one (1) Banking Day after the Settlement Date, transfer to Agent, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Banking Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent ; and (b) Within one (1) Banking Day of receipt thereof by Agent, payments to be applied to the unused line fee set forth in Section 2.4.2 and Lenders acknowledge that it is the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit commission set forth in writingSection 2.2(b), settlements shall each be made on Wednesday of paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances Loans required to be made pursuant to Section 2.1 or 2.10 2.1.1 or has failed to make a settlement payment to Agent pursuant to this Section 2.172.15, no payment shall be made to such Lender by Agent at any time such Lender’s 's share of the outstanding Advances Loans is less than such Lender’s 's Pro Rata Share and Share. If Agent or any Lender fails to pay the other any payment due under this Agreement on its due date, the party to whom such Lender payment is due shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled to recover interest from the sharing of any payments hereunder (including any principal, interest or fees). Amounts payable party obligated to make such payment at a Defaulting Lender shall instead be paid rate per annum equal to or retained by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderovernight Federal Funds Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer East Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day business day preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to a Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to a Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on one (1) Business Day after the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on one (1) Business Day after the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within three (3) Business Days of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances Advance as provided in paragraph 2 of the Agreement so that Agent shall receive interest on the Disproportionate Advances and each Lender Lenders shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within three (3) Business Days of receipt thereof by Agent, payments to be applied to the intent prepayment fee as provided in paragraph 10 of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or in writing), settlements Agreement shall be made on Wednesday of paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement day. Notwithstanding the foregoing, if a Lender has failed in proportion to remit its Pro Rata Share Share; and (c) Within three (3) Business Days of any Advances required receipt thereof by Agent, payments to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled applied to the sharing Letter of any payments hereunder Credit fee set as provided in Paragraph (including any principal, interest or fees). Amounts payable to a Defaulting Lender 2)(b) of this Exhibit A shall instead be paid to or retained by Agent. Agent may hold and, each Lender in proportion to its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderShare.

Appears in 1 contract

Samples: Loan and Security Agreement (Empire of Carolina Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate ------------------ Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of Credit fee set as provided in Section 3(a) hereof shall ------------ be paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or facilities fee as provided in writing), settlements subsection 4(c)(i) shall be made on Wednesday paid to ------------------ each Lender in proportion to its Pro Rata Share; (d) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the closing fee as provide in subsection 4(c)(i) shall be paid to ------------------ each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; and (e) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the unused line fee set forth in subsection 4(c)(ii) hereof shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daybe ------------------- paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Cobra Electronics Corp)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a), so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements subsection 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the unused line fee set forth in subsection 4(c)(ii) hereof shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; and (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the prepayment fee set forth in Section 10 hereof shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daybe paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share foregoing provisions of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.1718, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrowers to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Omni Energy Services Corp)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required by Administrative Agent) (a "Settlement Date"), each Funding Agent shall provide each applicable Lender with a statement of the outstanding balance balances of each of the Indebtedness Liabilities, the Revolving Loans made to each applicable Borrower and, the Letter of Credit Obligations of each applicable Borrower, in each case as of the end of the Business Banking Day preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Revolving Loans to each applicable Borrower funded by each Lender (whether made directly by such Lender to a Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by a Funding Agent or Administrative Agent on behalf of such Lender to a Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans to either Borrower as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Revolving Loans to such Borrower outstanding as of the Pre-Settlement Determination Date, then the applicable Funding Agent shall, on one (1) Banking Day after the Settlement Date, transfer to such Lender, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Revolving Loans to either Borrower as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Revolving Loans to such Borrower outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on one (1) Banking Day after the Settlement Date, transfer to the applicable Funding Agent, by wire transfer the net amount due to the applicable Funding Agent in accordance with the applicable Funding Agent’s 's instructions. In addition, payments actually received by Administrative Agent or a Funding Agent with respect to the following items shall be distributed by Administrative Agent or such Funding Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Banking Day of receipt thereof by Administrative Agent or such Funding Agent, payments to be applied to interest on the Advances Loans to either Borrower shall be paid to each Lender in proportion to its applicable Pro Rata Share, subject to any adjustments for any Disproportionate Advances to such Borrower, so that the applicable Funding Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. ; and (b) Within one (1) Banking Day of receipt thereof by Administrative Agent or such Funding Agent, payments to be applied to the unused line fee set forth in Section 2.5.2 owed by either Borrower, the Letter of Credit commission set forth in Section 2.2(b) owed by such Borrower, and Lenders acknowledge that it is the intent of the parties hereto that settlements consistently any other fees payable under this Agreement, shall each be made on the same day of paid to each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Lender in writing), settlements shall be made on Wednesday of each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayproportion to its applicable Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its applicable Pro Rata Share of any Advances Loans required to be made pursuant to Section 2.1 or 2.10 2.1.1 or has failed to make a settlement payment to the applicable Funding Agent pursuant to this Section 2.172.16, no payment shall be made to such Lender by Administrative Agent or the applicable Funding Agent at any time such Lender’s 's share of the outstanding Advances Loans to the applicable Borrower is less than such Lender’s 's applicable Pro Rata Share and Share. If any Agent or any Lender fails to pay the other any payment due under this Agreement on its due date, the party to whom such Lender payment is due shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled to recover interest from the sharing of any payments hereunder (including any principal, interest or fees). Amounts payable party obligated to make such payment at a Defaulting Lender shall instead be paid rate per annum equal to or retained by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderovernight Federal Funds Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer Companies Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements subsection 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the closing fee set forth in the Fee Letter shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the unused line fee set forth in subsection 4(c)(i) hereof shall take place on such daybe paid to each Lender in proportion to its Pro Rata Share; and (e) Within one (1) Business Day of receipt thereof by Agent, unless Agent subsequently notifies Lenders of a new settlement daypayments to be applied to the prepayment fee set forth in Section 10 hereof shall be paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitany Borrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Coachmen Industries Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. (a) On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”"SETTLEMENT DATE")), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre"PRE-Settlement Determination Date”SETTLEMENT DETERMINATION DATE") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in SUBSECTION 2(A), so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements SUBSECTION 3(A) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (d) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the commitment fee as provided in SUBSECTION 4(C)(I) shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; (e) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the unused line fee set forth in SUBSECTION 4(C)(II) hereof shall take place on such daybe paid to each Lender in proportion to its Pro Rata Share; and (f) Within one (1) Business Day of receipt thereof by Agent, unless Agent subsequently notifies Lenders of a new settlement daypayments to be applied to the prepayment fee set forth in SECTION 10 hereof shall be paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitany Borrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (DHB Industries Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. Not later than 2:00 p.m. (Cincinnati time) on the date of any requested Advance of a Loan, subject to the provisions set forth below, each Lender shall make available its portion of the Loan in funds immediately available at the principal office of the Agent in Cincinnati, Ohio. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower)Lender. If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (i) Within two (2) Business Days of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share; (ii) Within two (2) Business Days of receipt thereof by Agent, subject payments to any adjustments for any Disproportionate Advances so that Agent be applied to the L/C Fee set as provided in Section 2.6(d) hereof shall receive interest on the Disproportionate Advances and be paid to each Lender shall only receive interest on in proportion to its Pro Rata Share; and (iii) Within two (2) Business Days of receipt thereof by Agent, payments to be applied to the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is the intent of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Unused Fee as provided in writing), settlements Section 2.6(e) shall be made on Wednesday of paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrowers to Agent, nor shall a such Defaulting Lender be entitled to share any interest, fees or other payment hereunder, until payment is made by such Defaulting Lender to Agent as required in this Agreement. Unless the sharing Agent shall have been notified by a Lender prior to (or, in the case of any payments hereunder an Index Rate Advance, by 1:00 p.m. (including any principalCincinnati time) on) the date on which such Lender is scheduled to make payment to the Agent of the proceeds of a Revolving Loan (which notice shall be effective upon receipt) that such Lender does not intend to make such payment, the Agent may assume that such Lender has made such payment when due and the Agent may in reliance upon such assumption (but shall not be required to) make available to Borrowers the proceeds of the Revolving Loan to be made by such Lender. If and to the extent that a Lender does not settle with Agent as required under this Agreement (a "Defaulting Lender") Borrowers and Defaulting Lender severally agree to repay to Agent forthwith on demand such amount required to be paid by such Defaulting Lender to Agent, together with interest or fees). Amounts payable thereon, for each day from the date such amount is made available to Borrowers until the date such amount is repaid to Agent (x) in the case of a Defaulting Lender shall instead be paid to at the rate published by the Federal Reserve Bank of New York on the next succeeding Banking Day as the "Federal Funds Rate" or retained if no such rate is published for any Banking Day, at the average rate quoted for such day for such transactions from three (3) federal funds brokers of recognized standing selected by Agent. , and (y) in the case of Borrowers, at the interest rate applicable at such time for such Loans; provided, that Borrowers’ obligation to repay such advance to Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, shall not relieve such Defaulting Lender shall be deemed not of its liability to be a “Lender” and such Lender’s Commitment shall be deemed Agent for failure to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of settle as provided in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Credit Agreement (Multiband Corp)

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SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements Section 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the closing fee set forth in subsection 4(c)(i) hereof shall be paid to each week. If Agent so notifies Lenders Lender as follows: (66.67%) to BofA and (33.33%) to M&I Bank; and (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the unused line fee set forth in subsection 4(c)(ii) hereof shall take place on such daybe paid to each Lender in proportion to its Pro Rata Share; and (e) Within one (1) Business Day of receipt thereof by Agent, unless Agent subsequently notifies Lenders of a new settlement daypayments to be applied to the prepayment fee set forth in Section 10 hereof shall be paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrowers to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”), ) Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within two (2) Business Days of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in Section 2.01(a), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest only on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within two (2) Business Days of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements Section 3.01 hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within two (2) Business Days of receipt thereof by Agent, payments to be applied to the unused line fee set forth in Section 4.03(b) hereof shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; and (d) Within one two (2) Business Days of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the prepayment fee set forth in Section 10 hereof shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daybe paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrowers to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Addus HomeCare Corp)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Administrative Agent) (a “Settlement Date”), Administrative Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Administrative Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Administrative Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Administrative Agent in accordance with Administrative Agent’s instructions. In addition, payments actually received by Administrative Agent with respect to the following items shall be distributed by Administrative Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Administrative Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Administrative Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Administrative Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements Section 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Administrative Agent, payments to be applied to the closing fee as provide in subsection 4(c)(i) shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; and (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Administrative Agent, all settlements payments to be applied to the unused line fee set forth in subsection 4(c)(ii) hereof shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daybe paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Administrative Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Administrative Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Administrative Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Cobra Electronics Corp)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness liabilities as of the end of the Business Day preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to a Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance disproportionate advance made by Agent on behalf of such Lender to such Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on one (1) Business Day after the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on one (1) Business Day after the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in Section 2 of the Agreement so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is . (b) Within one (1) Business Day of receipt thereof by Agent, payment to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee as provided in writing), settlements Section 3 shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the closing fee as provided in subsection 4(c)(i) shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the commitment increase fee as provided in subsection 4(c)(ii) shall take place on such daybe paid to each Lender in proportion to its Pro Rata Share; (e) Within one (1) Business Day of receipt thereof by Agent, unless Agent subsequently notifies Lenders payments to be applied to the unused line fee set forth in subsection 4(c)(iii) hereof shall be paid to each Lender in proportion to its Pro Rata Share; and (f) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, payments to be applied to the prepayment fee set forth in Section 10 hereof shall be paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Poindexter J B & Co Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to a Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to a Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writingsubsections 3(a), settlements 3(b) and 3(c) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the unused line fee set forth in subsection 4(c)(ii) hereof shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; and (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the prepayment fee set forth in Section 10 hereof shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daybe paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefita Borrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Polyair Inter Pack Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Administrative Agent) (a “Settlement Date”), Administrative Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Administrative Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Administrative Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Administrative Agent in accordance with Administrative Agent’s instructions. In addition, payments actually received by Administrative Agent with respect to the following items shall be distributed by Administrative Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Administrative Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Administrative Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Administrative Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements Section 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Administrative Agent, payments to be applied to the closing fee as provide in subsection 4(c)(i) shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Administrative Agent, all settlements payments to be applied to the unused line fee set forth in subsection 4(c)(ii) hereof shall take place on such daybe paid to each Lender in proportion to its Pro Rata Share; and (e) Within one (1) Business Day or receipt thereof by Administrative Agent, unless Agent subsequently notifies Lenders of a new settlement daypayments to be applied to the Delayed-Draw Non-Use Fee set forth in subsection 4(c)(iii) hereof shall be paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Administrative Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Administrative Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Administrative Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Cobra Electronics Corp)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or closing fee as provided in writing), settlements subsection 4(c)(i) shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the prepayment fee set forth in Section 10 hereof shall be paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Easy Gardener Products LTD)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Revolving Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Revolving Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Revolving Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements subsection 3(a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the unused line fee set forth in subsection 4(c)(i) hereof shall be paid to each week. If Agent so notifies Lenders Lender in proportion to its Pro Rata Share; and (d) Within one (1) Business Day of a new settlement dayreceipt thereof by Agent, all settlements payments to be applied to the prepayment fee set forth in Section 2(d) or 10 hereof shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement daybe paid to each Lender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Apac Customer Service Inc)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) (a "Settlement Date"), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day preceding the Settlement Date (the "Pre-Settlement Determination Date") and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s 's Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s 's instructions, and if such statement discloses that such Lender’s 's current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s 's Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s 's instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within three (3) Business Days of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata ShareLender, subject to any adjustments for any Disproportionate Advances as provided in paragraph 2 of the Agreement so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within three (3) Business Days of receipt thereof by Agent, payments to be applied to the intent letter of the parties hereto that settlements consistently be made on the same day credit fee set forth in subparagraph 2(b) of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or in writing), settlements this Exhibit A shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; and (c) Within three (3) Business Days of receipt thereof by Agent, payments to be applied to the minimum usage fee or commitment fees set forth in paragraph 6 of this Exhibit A shall be paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances Loans required to be made pursuant to Section 2.1 or 2.10 paragraph 2 of the Agreement or has failed to make a settlement payment to Agent pursuant to this Section 2.17paragraph 5 of Exhibit A, no payment under clause (a), (b) or (c) of this paragraph 5 of Exhibit A shall be made to such Lender by Agent at any time such Lender’s 's share of the outstanding Advances Loans is less than such Lender’s 's Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled to the sharing of any payments hereunder (including any principal, interest or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderShare.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower Borrowers or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to BorrowerBorrowers). If such statement discloses that such LenderXxxxxx’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such LenderXxxxxx’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders (telephonically or Credit fee set as provided in writing), settlements Section 3(a) hereof shall be made on Wednesday of paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement day. Notwithstanding the foregoing, if a Lender has failed in proportion to remit its Pro Rata Share Share; and (c) Within one (1) Business Day of any Advances required receipt thereof by Agent, payments to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a Defaulting Lender any payments received by Agent for the Defaulting Lender’s benefit, nor shall a Defaulting Lender be entitled applied to the sharing of any payments hereunder (including any principal, interest or fees). Amounts payable to a Defaulting Lender unused line fee set forth in subsection 4(f)(ii) hereof shall instead be paid to or retained by Agent. Agent may hold and, each Lender in proportion to its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderShare.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

SETTLEMENTS, DISTRIBUTIONS AND APPORTIONMENT OF PAYMENTS. On a weekly basis, on Wednesday of each week basis (or more frequently if required requested by Agent) Agent (a “Settlement Date”), Agent shall provide each Lender with a statement of the outstanding balance of the Indebtedness Liabilities as of the end of the Business Day immediately preceding the Settlement Date (the “Pre-Settlement Determination Date”) and the current balance of the Advances Loans funded by each Lender (whether made directly by such Lender to Borrower or constituting a settlement by such Lender of a previous Disproportionate Advance made by Agent on behalf of such Lender to Borrower). If such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date exceeds such Lender’s Pro Rate Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then Agent shall, on the Settlement Date, transfer to such Lendertransfer, by wire transfer, the net amount due to such Lender in accordance with such Lender’s instructions, and if such statement discloses that such Lender’s current balance of the Advances Loans as of the Pre-Settlement Determination Date is less than such Lender’s Pro Rata Share of the Advances Liabilities outstanding as of the Pre-Settlement Determination Date, then such Lender shall, on the Settlement Date, transfer to Agenttransfer, by wire transfer the net amount due to Agent in accordance with Agent’s instructions. In addition, payments actually received by Agent with respect to the following items shall be distributed by Agent to Lenders as follows: On the Settlement Date: (a) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to interest on the Advances Loans shall be paid to each Lender in proportion to its Pro Rata Share, subject to any adjustments for any Disproportionate Advances as provided in subsection 2(a)(i), so that Agent shall receive interest on the Disproportionate Disproportion Advances and each Lender shall only receive interest on the amount of funds actually advanced by such Lender. Agent and Lenders acknowledge that it is ; (b) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the intent Letter of the parties hereto that settlements consistently be made on the same day of each week, although Lenders recognize that Agent may designate a different day of the week for settlements. Consequently, unless Agent otherwise notifies Lenders Credit fee set as provided in Section 3 (telephonically or in writing), settlements a) hereof shall be made on Wednesday paid to each Lender in proportion to its Pro Rata Share; and (c) Within one (1) Business Day of receipt thereof by Agent, payments to be applied to the unused line fee set forth in subsection 4(c)(i) hereof shall be paid to each week. If Agent so notifies Lenders of a new settlement day, all settlements shall take place on such day, unless Agent subsequently notifies Lenders of a new settlement dayLender in proportion to its Pro Rata Share. Notwithstanding the foregoing, if a Lender has failed to remit its Pro Rata Share of any Advances required to be made pursuant to Section 2.1 or 2.10 or has failed to make a settlement payment to Agent pursuant to this Section 2.17, no payment shall be made to such Lender by Agent at any time such Lender’s share of the outstanding Advances is less than such Lender’s Pro Rata Share and such Lender shall be deemed to be a Defaulting Lender. Agent shall not be obligated to transfer to a any Defaulting Lender any payments received payment made by Agent for the Defaulting Lender’s benefitBorrower to Agent, nor shall a such Defaulting Lender be entitled to the sharing of share any payments hereunder (including any principalinterest, interest fees or fees). Amounts payable to a Defaulting Lender shall instead be paid to or retained other payment hereunder, until payment is made by Agent. Agent may hold and, in its discretion, re-lend to a Borrower the amount of all such payments received or retained by it for the account of such Defaulting Lender. For purposes of voting or consenting to matters with respect to this Agreement and determining Pro Rata Shares, such Defaulting Lender shall be deemed not to be a “Lender” and such Lender’s Commitment shall be deemed to be zero ($0). This Section shall remain effective with respect to a Defaulting Lender until such default is cured. The operation of Agent as required in this Section shall not be construed to increase or otherwise affect the Commitment of any Lender, or relieve or excuse the performance by Borrower or any Loan Party of their duties and obligations hereunderAgreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry-Judds Inc)

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