Common use of Automatic Debits of Fees Clause in Contracts

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent, Bank One or the Lead Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank One to debit any deposit account of the Company with Bank One in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank One's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 3 contracts

Sources: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)

Automatic Debits of Fees. With respect to any commitment agency fee, arrangement fee, underwriting fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent, Bank One or the Lead Arranger Agent under the Loan Documents, the Company Borrower hereby irrevocably authorizes U. S. Bank One to debit any deposit account of the Company Borrower with U. S. Bank One in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank OneU. S. Bank's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 2 contracts

Sources: Credit Agreement (Cavanaughs Hospitality Corp), Credit Agreement (Cavanaughs Hospitality Corp)

Automatic Debits of Fees. With respect to any commitment fee, utilization fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent, Bank One Agent or the Lead Arranger under the Loan Documents, the Company hereby irrevocably authorizes Bank One the Agent to debit any deposit account of the Company with Bank One the Agent in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank Onethe Agent's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 2 contracts

Sources: Bridge Loan Agreement (Innoveda Inc), Bridge Loan Agreement (Mentor Graphics Corp)

Automatic Debits of Fees. With respect to any commitment agency fee, arrangement fee, underwriting fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent, Bank One or the Lead Arranger Agent under the Loan Documents, the Company Borrower hereby irrevocably authorizes U.S. Bank One to debit any deposit account of the Company Borrower with U.S. Bank One in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank OneU.S. Bank's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Sources: Credit Agreement (Westcoast Hospitality Corp)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent, Bank One or the Lead Arranger under the Loan Documents, the Company Borrower hereby irrevocably authorizes the Bank One to debit any deposit account of the Company Borrower with the Bank One in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank Onethe Bank's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Sources: Credit Agreement (Us Home & Garden Inc)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, agency fee, Letter of Credit fee or other fee, or any other cost or expense (including Attorney Costsattorney costs) due and payable by Borrower to the Agent, Bank One Agent or the Lead Arranger Issuing Bank under the Loan Documents, the Company Borrower hereby irrevocably authorizes Bank One Agent to debit any deposit account of the Company such Borrower with Bank One LNB in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the this amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank OneLNB's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 11.20 shall be deemed a set-off.

Appears in 1 contract

Sources: Loan and Security Agreement (Gsi Group Inc)

Automatic Debits of Fees. With respect to any principal, interest, commitment fee, arrangement fee, letter of credit fee or other fee, or any other cost or expense (including Attorney Costs) due and payable to the Agent, Bank One or the Lead Arranger under the Loan Documents, the Company hereby irrevocably authorizes the Bank One to debit any deposit account of the Company with the Bank One in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such principal, interest, fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense payment then due, such debits will be reversed (in whole or in part, in Bank Onethe Bank's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.

Appears in 1 contract

Sources: Credit Agreement (Precision Castparts Corp)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, fee or any other cost or expense (including Attorney Costs) due and payable to the Agent, Bank One or the Lead Arranger Administrative Agent under the Loan Documents, the Company hereby irrevocably authorizes Bank One the Administrative Agent, after giving reasonable prior notice to the Company, to debit any deposit account of the Company with Bank One the Administrative Agent in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank One's the Administrative Agent’s sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section 11.11 shall be deemed a set-off.

Appears in 1 contract

Sources: Term Loan Agreement (Venoco, Inc.)

Automatic Debits of Fees. With respect to any commitment fee, arrangement fee, or other fee, or any other cost or expense (including Attorney Costsattorneys' fees) due and payable to the Agent, Bank One or Administrative Agent and/or the Lead Arranger Lenders under the Loan Documents, the Company each Loan Party hereby irrevocably authorizes Bank One the Administrative Agent to debit any deposit account of such Loan Party with the Company with Bank One Administrative Agent in an amount such that the aggregate amount debited from all such deposit accounts does not exceed such fee or other cost or expense. If there are insufficient funds in such deposit accounts to cover the amount of the fee or other cost or expense then due, such debits will be reversed (in whole or in part, in Bank Onethe Administrative Agent's sole discretion) and such amount not debited shall be deemed to be unpaid. No such debit under this Section shall be deemed a set-off.. ​

Appears in 1 contract

Sources: Credit Agreement (Amcon Distributing Co)