Common use of TIME AND METHOD OF REIMBURSEMENT AND PAYMENT Clause in Contracts

TIME AND METHOD OF REIMBURSEMENT AND PAYMENT. Unless otherwise specified in this Section, in any Loan Document, or on an Application and agreed to by you, all amounts to be reimbursed by Applicant to you, all fees and expenses to be paid by Applicant to you, and all interest and other amounts due to you from Applicant under or in connection with any L/C Documents will be reimbursed or paid at the Payment Office in Dollars in immediately available funds without setoff or counterclaim (i) on demand or, (ii) at your option by your debiting any of Applicant's accounts with you, with each such debit being made without presentment, protest, demand for reimbursement or payment, notice of dishonor or any other notice whatsoever, all of which are hereby expressly waived by Applicant. Each such debit will be made at the time each Demand is paid by you or, if earlier, at the time each amount is paid by you to any paying, negotiating or other bank, or at the time each fee and expense is to be paid or any interest or other amount is due under or in connection with any L/C Documents. If any Demand or any fee, expense, interest or other amount payable under or in connection with any L/C Documents is payable in a currency other than Dollars, Applicant agrees to reimburse you for all amounts paid by you on such Demand, and/or to pay you all such fees, expenses, interest and other amounts, in one of the three following ways, as determined by you in your sole discretion in each case: (a) at such place as you shall direct, in such other currency; or (b) at the Payment Office in the Dollar equivalent of the amount of such other currency calculated at the Rate of Exchange on the date determined by you in your sole discretion; or (c) at the Payment Office in the Dollar equivalent, as determined by you (which determination shall be deemed correct absent manifest error), of such fees, expenses, interest or other amounts or of the actual cost to you of paying such Demand. Applicant assumes all political, economic and other risks of disruptions or interruptions in any currency exchange.

Appears in 9 contracts

Samples: Letter of Credit Agreement (Plantronics Inc /Ca/), Letter of Credit Agreement (Miscor Group, Ltd.), Secured Credit Agreement (First Banks, Inc)

AutoNDA by SimpleDocs

TIME AND METHOD OF REIMBURSEMENT AND PAYMENT. Unless otherwise specified in this Section, in any Loan Document, or on an Application and agreed to by you, all amounts to be reimbursed by Applicant to you, all fees and expenses to be paid by Applicant to you, and all interest and other amounts due to you from Applicant under or in connection with any L/C Documents will be reimbursed or paid at the Payment Office in Dollars in immediately available funds without setoff or counterclaim (i) on demand or, (ii) at your option by your debiting any of Applicant's ’s accounts with you, with each such debit being made without presentment, protest, demand for reimbursement or payment, notice of dishonor or any other notice whatsoever, all of which are hereby expressly waived by Applicant. Each such debit will be made at the time each Demand is paid by you or, if earlier, at the time each amount is paid by you to any paying, negotiating or other bank, or at the time each fee and expense is to be paid or any interest or other amount is due under or in connection with any L/C Documents. If any Demand or any fee, expense, interest or other amount payable under or in connection with any L/C Documents is payable in a currency other than Dollars, Applicant agrees to reimburse you for all amounts paid by you on such Demand, and/or to pay you all such fees, expenses, interest and other amounts, in one of the three following ways, as determined by you in your sole discretion in each case: (a) at such place as you shall direct, in such other currency; or (b) at the Payment Office in the Dollar equivalent of the amount of such other currency calculated at the Rate of Exchange on the date determined by you in your sole discretion; or (c) at the Payment Office in the Dollar equivalent, as determined by you (which determination shall be deemed correct absent manifest error), of such fees, expenses, interest or other amounts or of the actual cost to you of paying such Demand. Applicant assumes all political, economic and other risks of disruptions or interruptions in any currency exchange.

Appears in 4 contracts

Samples: Credit Agreement, Ratification and Assumption Agreement (Great Lakes Dredge & Dock CORP), Letter of Credit Agreement (Phoenix Footwear Group Inc)

TIME AND METHOD OF REIMBURSEMENT AND PAYMENT. Unless otherwise specified in this Section, in any Loan Document, or on an Application and agreed to by you, all amounts to be reimbursed by Applicant to you, all fees and expenses to be paid by Applicant to you, and all interest and other amounts due to you from Applicant under or in connection with any L/C Documents will be reimbursed or paid at the Payment Office in Dollars in immediately available funds without setoff or counterclaim (i) on demand or, (ii) at your option by your debiting any of Applicant's ’s accounts with you, with each such debit being made without presentment, protest, demand for reimbursement or payment, notice of dishonor or any other notice whatsoever, all of which are hereby expressly waived by Applicant. Each such debit will be made at the time each Demand is paid by you or on the maturity of each Acceptance or, if earlier, at the time each amount is paid by you to any paying, accepting, negotiating or other bank, or at the time each fee and expense is to be paid or any interest or other amount is due under or in connection with any L/C Documents. If any Demand or Acceptance or any fee, expense, interest or other amount payable under or in connection with any L/C Documents is payable in a currency other than Dollars, Applicant agrees to reimburse you for all amounts paid by you on such DemandDemand and on such Acceptance, and/or to pay you all such fees, expenses, interest and other amounts, in one of the three following ways, as determined by you in your sole discretion in each case: (a) at such place as you shall direct, in such other currency; or (b) at the Payment Office in the Dollar equivalent of the amount of such other currency calculated at the Rate of Exchange on the date determined by you in your sole discretion; or (c) at the Payment Office in the Dollar equivalent, as determined by you (which determination shall be deemed correct absent manifest error), of such fees, expenses, interest or other amounts or of the actual cost to you of paying such DemandDemand or Acceptance. Applicant assumes all political, economic and other risks of disruptions or interruptions in any currency exchange.

Appears in 2 contracts

Samples: Credit Agreement, Letter of Credit Agreement (Phoenix Footwear Group Inc)

TIME AND METHOD OF REIMBURSEMENT AND PAYMENT. Unless otherwise specified in this Section, in any Loan Document, or on an Application and agreed to by you, all amounts to be reimbursed by Applicant to youXxxxx Fargo, all fees and expenses to be paid by Applicant to youXxxxx Fargo, and all interest and other amounts due Obligations payable to you from Xxxxx Fargo by Applicant under or in connection with any Credit or other L/C Documents will will, unless provided otherwise in the Application for such Credit and agreed to by Xxxxx Fargo or unless provided otherwise in any Loan Document related to such Credit, be reimbursed or paid at the Payment Office in Dollars in immediately available funds without setoff setoff, deduction, counterclaim, or counterclaim withholding of any kind, and free and clear of any taxes, other than federal and state income and franchise taxes imposed on Xxxxx Fargo, (i) on demand or, (ii) at your option Xxxxx Fargo’s option, by your Xxxxx Fargo debiting any of Applicant's accounts with youXxxxx Fargo, with each such debit being made without presentment, protest, demand for reimbursement or payment, notice of dishonor or any other notice whatsoever, all of which are hereby expressly waived by Applicant. Each such debit will be made at the time (a) each Demand is paid by you Xxxxx Fargo or, if earlier, at the time each amount is paid by you Xxxxx Fargo to any paying, negotiating or other bank, or at the time (b) each fee and expense is to be paid under or in connection with any L/C Document, or (c) any interest or other amount is due under or in connection with any L/C Documents. If any Demand or any fee, expense, interest or other amount Obligation payable under or in connection with any L/C Documents is payable in a currency other than Dollars, Applicant agrees to reimburse you Xxxxx Fargo for all amounts paid by you Xxxxx Fargo on such Demand, and/or to pay you Xxxxx Fargo all such fees, expenses, interest and other amounts, in one of the three following two ways, as determined by you Xxxxx Fargo in your Xxxxx Fargo’s sole discretion in each case: (aI) at such place as you Xxxxx Fargo shall direct, in such other currency; or (bII) at the Payment Office in the Dollar equivalent of the amount of such other currency calculated at the Rate of Exchange on the date determined by you Xxxxx Fargo in your Xxxxx Fargo’s sole discretion; . If there is no current selling rate of exchange generally offered by Xxxxx Fargo for effecting such payment in Dollars, Applicant will pay Xxxxx Fargo on demand an amount which Xxxxx Fargo deems necessary to pay or (c) at provide for the Payment Office in reimbursement of all amounts paid by Xxxxx Fargo on such Demand or for the Dollar equivalent, as determined by you (which determination shall be deemed correct absent manifest error), payment of such fees, expenses, interest and other Obligations, and Applicant will remain liable for any deficiency which may result if such amount in Dollars proves to be insufficient to effect full payment or other amounts or reimbursement to Xxxxx Fargo at the time when such rate of the actual cost to you of paying such Demandexchange shall again be current. Applicant assumes all political, economic and other risks of disruptions or interruptions in any currency exchange.

Appears in 1 contract

Samples: Credit Agreement (Arden Group Inc)

AutoNDA by SimpleDocs

TIME AND METHOD OF REIMBURSEMENT AND PAYMENT. Unless otherwise specified in this SectionSection 6, in any Loan Document, Document or on an Application and agreed to by youXxxxx Fargo, all amounts to be reimbursed by Applicant to youXxxxx Fargo pursuant to Section 3 of this Agreement, all fees and expenses to be paid by Applicant to youXxxxx Fargo pursuant to Section 4 of this Agreement, all interest due to Xxxxx Fargo pursuant to Section 5 of this Agreement, and all interest and other amounts due to you Xxxxx Fargo from Applicant under or in connection with any L/C the Letter of Credit Documents will be reimbursed or paid at the Payment Office in Dollars in immediately available funds without setoff or counterclaim (i) on demand or, (ii) at your option Xxxxx Fargo's option, by your Xxxxx Fargo debiting any of Applicant's accounts with you, with each such debit being made Xxxxx Fargo without presentment, protest, demand for reimbursement or payment, notice of dishonor or any other notice whatsoever, all of which are hereby expressly waived by Applicant. Each such Such debit will be made (a) at the time each Demand is paid by you Xxxxx Fargo or on the maturity of each Acceptance or, if earlier, at the time each amount is paid by you Xxxxx Fargo to any paying, accepting, negotiating or other bank, or (b) at the time each fee and expense referenced in Section 4 of this Agreement is to be paid or any paid, (c) at the time interest or is due to Xxxxx Fargo pursuant to Section 5 of this Agreement, and (d) at the time each other amount is due under or in connection with any L/C the Letter of Credit Documents. If any Demand or Acceptance or any fee, expense, interest or other amount payable under or in connection with any L/C the Letter of Credit Documents is payable in a currency other than Dollars, Applicant agrees to reimburse you Xxxxx Fargo for all amounts paid by you Xxxxx Fargo on such DemandDemand and on such Acceptance, and/or to pay you Xxxxx Fargo all such fees, expenses, interest and other amounts, in one of the three following ways, as determined by you Xxxxx Fargo in your its sole discretion in each case: , (ai) at such place as you Xxxxx Fargo shall direct, in such other currency; , or (bii) at the Payment Office in the Dollar equivalent of the amount of such other currency calculated at the Rate of Exchange on the date determined by you Xxxxx Fargo in your its sole discretion; , or (ciii) at the Payment Office in the Dollar equivalent, as determined by you Xxxxx Fargo (which determination shall be deemed correct absent manifest error), of such fees, expenses, interest or other amounts or of the actual cost to you Xxxxx Fargo of paying such Demand. Applicant assumes all political, economic and other risks of disruptions Demand or interruptions in any currency exchangeAcceptance.

Appears in 1 contract

Samples: Iomega Corp

TIME AND METHOD OF REIMBURSEMENT AND PAYMENT. Unless otherwise specified in this Section, in any Loan Document, or on an Application and agreed to by you, all amounts to be reimbursed by Applicant to you, all fees and expenses to be paid by Applicant to you, and all interest and other amounts due to you from Applicant under or in connection with any L/C Documents will be reimbursed or paid at the Payment Office in Dollars in immediately available funds without setoff or counterclaim (i) on demand or, (ii) at your option by your debiting any of Applicant's accounts with you, with each such debit being made without presentment, protest, demand for reimbursement or payment, notice of dishonor or any other notice whatsoever, all of which are hereby expressly waived by Applicant. Each such debit will be made at the time each Demand is paid by you or, if earlier, at the time each amount is paid by you to any paying, negotiating or other bank, or at the time each fee and expense is to be paid or any interest or other amount is due under or in connection with any L/C Documents. If any Demand or any fee, expense, interest or other amount payable under or in connection with any L/C Documents is payable in a currency other than Dollars, Applicant agrees to reimburse you for all amounts paid by you on such Demand, and/or to pay you all such fees, expenses, interest and other amounts, in one of the three following ways, as determined by you in your sole discretion in each case: (a) at such place as you shall direct, in such other currency; or (b) at the Payment Office in the Dollar equivalent of the amount of such other currency calculated at the Rate of Exchange on the date determined by you in your sole discretion; or (c) at the Payment Office in the Dollar equivalent, as determined by you (which determination shall be deemed correct absent manifest error), of such fees, expenses, interest or other amounts or of the actual cost to you of paying such Demand. Applicant assumes all political, economic and other risks of disruptions or interruptions in any currency exchange. SECTION 7.

Appears in 1 contract

Samples: uploads.strikinglycdn.com

Time is Money Join Law Insider Premium to draft better contracts faster.