Common use of Time and Place of Payments Clause in Contracts

Time and Place of Payments. (a) The Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder without setoff, deduction or counterclaim not later than 12:00 noon, New York City time, on the date when due in Dollars and, in immediately available funds, to the Commercial Banks Facility Agent at the following account: Société Générale, New York Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: Loan Servicing Group, Ref: Sabine Pass, or at such other office or account as may from time to time be specified by the Commercial Banks Facility Agent to the Borrower. Funds received after 12:00 noon, New York City time, shall be deemed to have been received by the Commercial Banks Facility Agent on the next succeeding Business Day. (b) The Commercial Banks Facility Agent shall promptly remit in immediately available funds to each Credit Agreement Secured Party its share, if any, of any payments received by the Commercial Banks Facility Agent for the account of such Credit Agreement Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO Loans) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 2 contracts

Samples: Credit Agreement (Cheniere Energy Partners, L.P.), Credit Agreement

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Time and Place of Payments. (a) The Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Term Loan or any Fees or other Term Loan Obligations) hereunder without setoffset-off, deduction or counterclaim not later than 12:00 noon, New York City timetime (except in the case of payments permitted under Section 2.01(d) (Term Loans) above, which may be made in accordance with the timing provided in Section 2.04(a) (Funding)), on the date when due in Dollars and, in immediately available funds, to the Commercial Banks Term Loan Facility Agent at the following account: Société Générale, New York Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: account set forth in Schedule 3.11 (Term Loan Servicing Group, Ref: Sabine Pass, Facility Agent Account Details) or at such other office or account as may from time to time be specified by the Commercial Banks Term Loan Facility Agent to the Borrower. Funds received after 12:00 noon, New York City time, shall be deemed to have been received by the Commercial Banks Term Loan Facility Agent on the next succeeding Business Day. (b) The Commercial Banks Term Loan Facility Agent shall promptly remit in immediately available funds to each Credit Agreement Term Loan Facility Secured Party its share, if any, of any payments received by the Commercial Banks Term Loan Facility Agent for the account of such Credit Agreement Term Loan Facility Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Term Loan or any Fees or other Term Loan Obligations) hereunder shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO LoansTerm SOFR Loans and in the case of the Term Loan Final Maturity Date, in which case the due date for payment shall be the immediately preceding Business Day) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 2 contracts

Samples: Term Loan Facility Agreement (Cheniere Corpus Christi Holdings, LLC), Term Loan Facility Agreement (Cheniere Energy, Inc.)

Time and Place of Payments. (a) The Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder without setoff, deduction or counterclaim not later than 12:00 noon, New York City time, on the date when due in Dollars and, in immediately available funds, to the Commercial Banks Facility Agent at the following account: Société GénéraleGenerale, New York Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: Loan Servicing Group, Ref: Sabine Pass, or at such other office or account as may from time to time be specified by the Commercial Banks Facility Agent to the Borrower. Funds received after 12:00 noon, New York City time, shall be deemed to have been received by the Commercial Banks Facility Agent on the next succeeding Business Day. (b) The Commercial Banks Facility Agent shall promptly remit in immediately available funds to each Credit Agreement Secured Party its share, if any, of any payments received by the Commercial Banks Facility Agent for the account of such Credit Agreement Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO Loans) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Cheniere Energy Partners, L.P.)

Time and Place of Payments. (a) The Borrower Borrowers shall make each payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder and under any other Financing Document without setoff, deduction or counterclaim not later than 12:00 noon, 11:00 a.m. New York City time, time on the date when due in Dollars and, in immediately available funds, funds to the Commercial Banks Facility Administrative Agent at the following account: Société GénéraleJPMorgan Chase Bank - NY, New York Acct. # 000-0-000000, for the account of WestLB AG-NY Branch, A/C# 9051422, ABA# ABA #000-000-000, AttnRef: Renewable Energy Group, Inc. – Revolving Credit Agreement, Attention: Loan Servicing Group, Ref: Sabine PassAdministration, or at such other office or account as may from time to time be specified by the Commercial Banks Facility Administrative Agent to the BorrowerBorrowers. Funds received after 12:00 noon, 11:00 a.m. New York City time, time shall be deemed to have been received by the Commercial Banks Facility Administrative Agent on the next succeeding Business Day. (b) The Commercial Banks Facility Administrative Agent shall promptly remit in immediately available funds to each Credit Agreement Senior Secured Party its share, if any, of any payments received by the Commercial Banks Facility Administrative Agent for the account of such Credit Agreement Senior Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder or under any other Financing Document shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO Eurodollar Loans) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Renewable Energy Group, Inc.), Revolving Credit Agreement (Renewable Energy Group, Inc.)

Time and Place of Payments. (a) The Except as otherwise provided in Section 3.03(b) (Reimbursement to Issuing Banks) and Section 2.07(j) (Swing Line Loans), the Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Working Capital Loan, LC Loan or Swing Line Loan or any Fees or other Working Capital Obligations) hereunder without setoffset-off, deduction or counterclaim not later than 12:00 noon, New York City timetime (except in the case of payments permitted under Section 2.01(d) (Working Capital Loans) above, which may be made in accordance with the timing provided in Section 2.04(a) (Funding)), on the date when due in US Dollars and, in immediately available funds, to the Commercial Banks Working Capital Facility Agent at the following account: Société Générale, New York Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: Loan Servicing Group, Ref: Sabine Pass, account set forth in Schedule 4.13 (Working Capital Facility Agent Account Details) hereto or at such other office or account as may from time to time be specified by the Commercial Banks Working Capital Facility Agent to the Borrower. Funds received after 12:00 noon, New York City time, shall be deemed to have been received by the Commercial Banks Working Capital Facility Agent on the next succeeding Business Day. (b) The Commercial Banks Working Capital Facility Agent shall promptly remit in immediately available funds to each Credit Agreement Working Capital Secured Party its share, if any, of any payments received by the Commercial Banks Working Capital Facility Agent for the account of such Credit Agreement Working Capital Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Working Capital Loan, LC Loan or Swing Line Loan or any Fees or other Working Capital Obligations) hereunder shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO LoansTerm SOFR Loans and in the case of the Working Capital Final Maturity Date, the LC Loan Termination Date and the Swing Line Loan Termination Date, as applicable, in which case the due date for payment shall be the immediately preceding Business Day) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 2 contracts

Samples: Working Capital Facility Agreement (Cheniere Corpus Christi Holdings, LLC), Working Capital Facility Agreement (Cheniere Energy, Inc.)

Time and Place of Payments. (a) The Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder and under any other Financing Document without setoff, deduction or counterclaim not later than 12:00 noon11:00 a.m., New York City time, time on the date when due in Dollars and, in immediately available funds, funds to the Commercial Banks Facility Administrative Agent at the following account: Société GénéraleJPMorgan Chase Bank (Swift ID: XXXXXX00XXX), New York Account Number: 000-0-000000, for the Account of WESTLB AG, NY Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: Loan Servicing Group#000000000, Ref: Sabine PassHEARTLAND GRAIN FUELS, L.P. or at such other office or account as may from time to time be specified by the Commercial Banks Facility Administrative Agent to the Borrower. Funds received after 12:00 noon, 11:00 a.m. New York City time, time shall be deemed to have been received by the Commercial Banks Facility Administrative Agent on the next succeeding Business Day. (b) The Commercial Banks Facility Administrative Agent shall promptly remit in immediately available funds to each Credit Agreement Senior Secured Party its share, if any, of any payments received by the Commercial Banks Facility Administrative Agent for the account of such Credit Agreement Senior Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Loan or any Fees or other Obligations) hereunder or under any other Financing Document shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO Eurodollar Loans) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 1 contract

Samples: Senior Credit Agreement (Advanced BioEnergy, LLC)

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Time and Place of Payments. (a) The Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Construction/Term Loan or any Fees or other Obligations) hereunder without setoff, deduction or counterclaim not later than 12:00 noon, noon New York City time, time on the date when due in Dollars and, and in immediately available funds, funds to the Commercial Banks Facility Term Loan A Administrative Agent at the following account: Société GénéraleSociete Generale, New York Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: Loan Servicing Group, Ref: Sabine Pass, or at such other office or account as may from time to time be specified by the Commercial Banks Facility Term Loan A Administrative Agent to the Borrower. Funds received after 12:00 noon, noon New York City time, time shall be deemed to have been received by the Commercial Banks Facility Term Loan A Administrative Agent on the next succeeding Business Day. (b) The Commercial Banks Facility Term Loan A Administrative Agent shall promptly remit in immediately available funds to each Credit Agreement Secured Party its share, if any, of any payments received by the Commercial Banks Facility Term Loan A Administrative Agent for the account of such Credit Agreement Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Construction/Term Loan or any Fees or other Obligations) hereunder shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO Loans) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 1 contract

Samples: Credit Agreement (Cheniere Energy Partners, L.P.)

Time and Place of Payments. (a) The Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Term Loan or any Fees or other Term Loan Obligations) hereunder without setoffset-off (except as and to the extent permitted under Section 2.01(e) (Term Loans) above), deduction or counterclaim not later than 12:00 noon, New York City timetime (except in the case of payments permitted under Section 2.01(e)(iii) (Term Loans) above, which may be made in accordance with the timing provided in Section 2.04(a) (Funding)), on the date when due in Dollars and, in immediately available funds, to the Commercial Banks Term Loan Facility Agent at the following account: Société Générale, New York Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: account set forth in Schedule 3.11 (Term Loan Servicing Group, Ref: Sabine Pass, Facility Agent Account Details) or at such other office or account as may from time to time be specified by the Commercial Banks Term Loan Facility Agent to the Borrower. Funds received after 12:00 noon, New York City time, shall be deemed to have been received by the Commercial Banks Term Loan Facility Agent on the next succeeding Business Day. (b) The Commercial Banks Term Loan Facility Agent shall promptly remit in immediately available funds to each Credit Agreement Term Loan Facility Secured Party its share, if any, of any payments received by the Commercial Banks Term Loan Facility Agent for the account of such Credit Agreement Term Loan Facility Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Term Loan or any Fees or other Term Loan Obligations) hereunder shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO LoansLoans and in the case of the Term Loan Final Maturity Date, in which case the due date for payment shall be the immediately preceding Business Day) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Cheniere Energy Inc)

Time and Place of Payments. (a) The Borrower shall make each payment (including any payment of principal of or interest on any Commercial Bank Term Loan or any Fees or other Term Loan Obligations) hereunder without setoffset-off (except as and to the extent permitted under Section 2.01(d) (Term Loans) above), deduction or counterclaim not later than 12:00 noon, New York City timetime (except in the case of payments permitted under Section 2.01(d)(iii) (Term Loans) above, which may be made in accordance with the timing provided in Section 2.04(a) (Funding)), on the date when due in Dollars and, in immediately available funds, to the Commercial Banks Term Loan Facility Agent at the following account: Société Générale, New York Branch, A/C# 9051422, ABA# ABA 000-000-000, Attn: account set forth in Schedule 3.11 (Term Loan Servicing Group, Ref: Sabine Pass, Facility Agent Account Details) or at such other office or account as may from time to time be specified by the Commercial Banks Term Loan Facility Agent to the Borrower. Funds received after 12:00 noon, New York City time, shall be deemed to have been received by the Commercial Banks Term Loan Facility Agent on the next succeeding Business Day. (b) The Commercial Banks Term Loan Facility Agent shall promptly remit in immediately available funds to each Credit Agreement Term Loan Facility Secured Party its share, if any, of any payments received by the Commercial Banks Term Loan Facility Agent for the account of such Credit Agreement Term Loan Facility Secured Party. (c) Whenever any payment (including any payment of principal of or interest on any Commercial Bank Term Loan or any Fees or other Term Loan Obligations) hereunder shall become due, or otherwise would occur, on a day that is not a Business Day, such payment shall (except as otherwise required by the proviso to the definition of “Interest Period” with respect to LIBO LoansLoans and in the case of the Term Loan Final Maturity Date, in which case the due date for payment shall be the immediately preceding Business Day) be made on the immediately succeeding Business Day, and such increase of time shall in such case be included in the computation of interest or Fees, if applicable.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Cheniere Energy Inc)

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