Common use of Manner of Payments Clause in Contracts

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day.

Appears in 3 contracts

Sources: Credit Agreement (United Grocers Inc /Or/), Credit Agreement (United Grocers Inc /Or/), Credit Agreement (United Grocers Inc /Or/)

Manner of Payments. (a) All Agent is authorized to deduct all interest and all other fees and expenses due from any of Borrowers' checking accounts maintained with Agent. If such payments are not taken from Borrowers' checking accounts, all payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the Borrower by Borrowers to the Agent or any Lender shall be made by paying the same in United States State Dollars and in immediately available funds to the Agent at its Commercial Loan Service Processing Center, Seattle, Washington not later than 12:00 noon Noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower Borrowers hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower Borrowers with Agent or any Lender or any affiliate Affiliate of any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and on the next succeeding Business Day. In the case of an Offshore Loan or Long Term Base Loan, whenever the last day of any Applicable Interest Period would otherwise occur on a day other than a Business Day, the last day of such interest period Applicable Interest Period shall occur occur, on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment feesinterest, as the case may beUNLESS, unless such extension would cause such payment to be made or the last day of such interest period Applicable Interest Period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period Applicable Interest Period shall occur occur, on the next preceding Business DayDay and the calculation of interest will be adjusted accordingly.

Appears in 2 contracts

Sources: Loan Agreement (Northwest Pipe Co), Loan Agreement (Northwest Pipe Co)

Manner of Payments. Until such time as the Loan Agreement has been discharged pursuant to its terms, all Rent (aexcluding Segregated Excepted Property but including all other Excepted Property) shall be paid by Lessee to the Agent on behalf of Lessor to an account or location in the United States specified by the Agent from time to time hereafter. Segregated Excepted Property shall be paid by Lessee directly to the Person entitled to receive the same. All payments Rent and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder from time to time (including without limitation amounts payable by Third Party Purchasers and insurers) shall be paid by Lessee or such other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from Person in funds consisting of lawful currency of the Borrower United States of America, which (subject to the Agent or any Lender second paragraph of this Section 3.4) shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington recipient not later than 12:00 noon 11:00 A.M. (Seattle Eastern time) on the date on which of such payment or prepayment shall become duepayment. Any payment made after 12:00 noon (Seattle time) on any Business Day Subsequent to the discharge of the Loan Agreement pursuant to its terms, all Rent payable to the Agent pursuant to the first sentence of this Section 3.4 shall be deemed paid to have been received on Lessor (or its designee) to an account or location in the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which specified by such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge Person from time to time against any or all of hereafter. Whenever the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document. (c) Whenever date scheduled for any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than made hereunder shall not be a Business Day, then such payment shall need not be made and the last day of on such interest period shall occur scheduled date but may be made on the next succeeding Business Day with the same force and effect as if made on such extension of time shall in such case be included in the computation scheduled date (subject to accrual and payment of interest or commitment feesyield, as the case may be, unless such extension would cause such payment to be made or for the last day period of such interest period to occur extension) on such next succeeding Business Day); provided, notwithstanding the foregoing, (i) where the next succeeding Business Day falls in the next following succeeding calendar month, in which case month such payment shall be due and the last day of such interest period shall occur made on the next preceding Business Day, (ii) no payment date shall extend beyond the Maturity Date or the Expiration Date and (iii) where a payment period begins on the day for which there is no numerically corresponding day in the calendar month in which such payment period is to end, such payment period shall end on the last Business Day of such calendar month.

Appears in 2 contracts

Sources: Master Equipment Lease Agreement (Coca Cola Bottling Co Consolidated /De/), Master Equipment Lease Agreement (Coca Cola Bottling Co Consolidated /De/)

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (10:00 o'clock A.M., Seattle time) , on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any the Agent or such Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day. (d) Any payment made by the Borrower hereunder shall be applied FIRST, against fees, expenses and indemnities due hereunder; SECOND, against interest due on amounts in default on any Committed Loan, if any; THIRD, against interest due on amounts in default on any Bid Loan, if any; FOURTH, against interest due on any Committed Loan; FIFTH, against interest due on any Bid Loan (applied pro rata in proportion to the aggregate interest due on all Bid Loans if more than one such Bid Loan is outstanding); SIXTH, against Committed Loan principal amounts in default, if any; SEVENTH, against Bid Loan principal amounts in default, if any (applied pro rata in proportion to the amounts in default if more than one such Bid Loan is in default); EIGHTH, against Committed Loan principal; and NINTH, against Bid Loan principal (applied pro rata in proportion to the then-outstanding principal balance of all Bid Loans if more than one such Bid Loan is outstanding).

Appears in 1 contract

Sources: Quarterly Report

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the by Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Processing Center, Seattle, Washington not later than 12:00 noon Noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with Agent or any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and on the next succeeding Business Day. In the case of a LIBOR Loan or a Multi-Currency Loan, whenever the last day of any Applicable Interest Period would otherwise occur on a day other than a Business Day, the last day of such interest period Applicable Interest Period shall occur occur, on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment feesinterest, as the case may beunless, unless such extension would cause such payment to be made or the last day date of such interest period Applicable Interest Period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period Applicable Interest Period shall occur occur, on the next preceding Business Day. (d) Unless Borrower has notified Agent prior to the date any payment to be made by it is due, that it does not intend to remit such payment, Agent may, in its sole and absolute discretion, assume that borrower has timely remitted such payment and may, in its sole and absolute discretion and in reliance thereon, make available such payment to the Lender entitled thereto. If such payment was not in fact remitted to Agent in immediately available fund, then each Lender shall forthwith on demand repay to Agent the amount of such assumed payment made available to such Lender, together with interest thereon in respect of each day from and including the date such amount was made available by Agent to such Lender to the date such amount is repaid to Agent at the Federal Funds Rate.

Appears in 1 contract

Sources: Credit Agreement (Flow International Corp)

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the office of the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (Seattle 10:00 a.m., San Francisco, California time) , on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any the Agent or such Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day. (d) Any payment made by the Borrower hereunder shall be applied first, against fees, expenses and indemnities due hereunder; second, against interest due on amounts in Default on any Committed Loan, if any; third, against interest due on amounts in Default on any Competitive Bid Loan, if any (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); fourth, against interest due on any Committed Loan, if any; fifth, against interest due on any Competitive Bid Loan, if any (applied pro rata in proportion to the aggregate interest due on all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding); sixth, against Committed Loan principal amounts in Default, if any; seventh, against Competitive Bid Loan principal amounts in Default, if any, (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); eighth, against Committed Loan principal, if any, and ninth, against Competitive Bid Loan principal, if any, (applied pro rata in proportion to the then-outstanding principal balance of all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding).

Appears in 1 contract

Sources: Short Term Revolving Credit Agreement (Costco Wholesale Corp /New)

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) the Advances and all other amounts payable hereunder (other than commitment fees payable by Borrower under Section 2.10(c) hereof) or under any other the Loan Document due from the Borrower to the Agent or any Lender Documents shall be made by paying the same in United States Dollars and in immediately available funds to Lender at the Agent at its Commercial Loan Service Centeraddress shown below, Seattleor such other address as Lender designates in writing, Washington not later than 12:00 noon (Seattle time) 10:00 a.m., PST, on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other the Loan DocumentDocuments, to charge from time to time against any or all of the accounts of the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other the Loan DocumentDocuments. (c) All computations of interest and fees shall be made on the basis of a year of 360 days for the actual number of days (including the first day but excluding the last day) occurring in the period for which such interest or fees are payable. (d) Whenever any payment hereunder or under any other Loan Document shall be stated to be due due, or whenever the last day of any interest period Advance Period would otherwise occur occur, on a day other than a Business Day, such payment shall be made and the last day of such interest period Advance Period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and of payment of interest or commitment fees, as the case may be, unless such extension would cause such payment to be made or the last day date of such interest period Advance Period to occur in the next following calendar month, in which case such payment shall be due made and the last day of such interest period Advance Period shall occur on the next preceding Business Day. (e) Any payment made by Borrower shall be applied, first, against fees, expenses and indemnities due under the Loan Documents; second, against interest due on amounts in default, if any; third, against interest due on amounts not in default; fourth against principal due on amounts bearing interest at the Prime Rate, and fifth against principal due on amounts bearing interest at the LIBO Fixed Rate.

Appears in 1 contract

Sources: Revolving Credit Agreement (Fei Co)

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the office of the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon (Seattle 10:00 o'clock A.M., San Francisco, California time) , on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with any the Agent or such Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day. (d) Any payment made by the Borrower hereunder shall be applied first, against fees, expenses and indemnities due hereunder; second, against interest due on amounts in Default on any Committed Loan, if any; third, against interest due on amounts in Default on any Competitive Bid Loan, if any (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); fourth, against interest due on any Committed Loan, if any; fifth, against interest due on any Competitive Bid Loan, if any (applied pro rata in proportion to the aggregate interest due on all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding); sixth, against Committed Loan principal amounts in Default, if any; seventh, against Competitive Bid Loan principal amounts in Default, if any, (applied pro rata in proportion to the amounts in Default if more than one such Competitive Bid Loan is in Default); eighth, against Committed Loan principal, if any, and ninth, against Competitive Bid Loan principal, if any, (applied pro rata in proportion to the then-outstanding principal balance of all Competitive Bid Loans if more than one such Competitive Bid Loan is outstanding).

Appears in 1 contract

Sources: Extended Revolving Credit Agreement (Costco Wholesale Corp /New)

Manner of Payments. (a) Prior to each Quarterly Date and the end of each Interest Period, the Agent shall render a statement to the Borrower of all amounts due to the Banks for principal, interest and fees hereunder. All payments amounts listed on each such statement shall be due and prepayments payable on the Quarterly Date or, as the case may be, the last day of principal such Interest Period, in respect of which such statement was sent. As to all other Obligations which become due and interest on any Loan (payable other than an Overnight Loanon a fixed date by their terms, the Agent shall advise the Borrower by a written statement that they are due and payable, and the Borrower shall pay the same within ten days of receipt of such statement. If any amounts are not paid by the Borrower when due and payable, such amounts shall bear interest at the Default Interest Rate, and the Banks may then charge any account of the Borrower for such Obligation in the amount due to the Banks. Any failure by the Agent to render any such statement or give any such advice shall in no way relieve the Borrower of any liability for or obligation to pay any amount due and payable hereunder. (b) Whenever any payment to be made hereunder, including without limitation any payment to be made on a Note, shall be stated to be due on a day which is not a Banking Day, such payment may be made on the next succeeding Banking Day, and such extension of time shall in each case be included in the computation of the interest payable on such Note. (c) Unless otherwise provided in this Agreement, all other amounts payable payments or prepayments made or due hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the Borrower to the Agent or any Lender Notes shall be made by paying the same in United States Dollars and in immediately available funds by federal funds wire transfer, and without setoff, deduction or counterclaim, to the Agent at its Commercial Loan Service Centerprior to 11:00 A.M., SeattleCleveland time, Washington not later than 12:00 noon (Seattle time) on the date on which when due, at its offices at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, or at such payment or prepayment shall become dueother place as may be designated by the Agent. Any payment made Funds received after 12:00 noon (Seattle 11:00 A.M., Cleveland time) on any Business Day , shall be deemed to have been received on the next Business Banking Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to To the extent any such payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all for the ratable benefit of the accounts of Banks, the Borrower with any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document Agent shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause promptly distribute such payment to be made or the last day of such interest period to occur Banks in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Dayaccordance with their respective Ratable Shares.

Appears in 1 contract

Sources: Loan Agreement (Crown Castle International Corp)

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from the by Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Processing Center, Seattle, Washington not later than 12:00 noon Noon (Seattle time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) The Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with Agent or any Lender or any affiliate of any Lender any amount due hereunder or under such other Loan Document. (c) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in Day. (d) Unless Borrower has notified Agent prior to the computation and payment of interest or commitment fees, as the case may be, unless such extension would cause such date any payment to be made or by it is due, that it does not intend to remit such payment, Agent may, in its sole and absolute discretion, assume that Borrower has timely remitted such payment and may, in its sole and absolute discretion and in reliance thereon, make available such payment to the last day Lender entitled thereto. If such payment was not in fact remitted to Agent in immediately available funds, then each Lender shall forthwith on demand repay to Agent the amount of such assumed payment made available to such Lender, together with interest period thereon in respect of each day from and including the date such amount was made available by Agent to occur in such Lender to the next following calendar month, in which case date such payment shall be due and amount is repaid to Agent at the last day of such interest period shall occur on the next preceding Business DayFederal Funds Rate.

Appears in 1 contract

Sources: Credit Agreement (Flow International Corp)

Manner of Payments. (a) All payments and prepayments of principal and interest on any Loan (other than an Overnight Loan) and all other amounts payable hereunder (other than commitment fees payable under Section 2.10(c) hereof) or under any other Loan Document due from by the Borrower to the Agent or any Lender shall be made by paying the same in United States Dollars and in immediately available funds to the Agent at its Commercial Loan Service Center, Seattle, Washington not later than 12:00 noon 10:00 o'clock a.m. (Seattle Seattle, Washington time) on the date on which such payment or prepayment shall become due. Any payment made after 12:00 noon (Seattle time) on any Business Day shall be deemed to have been received on the next Business Day. All payments and prepayments of principal and interest on any Overnight Loan and all payments of commitment fees payable under Section 2.10(c) hereof shall be made by the Borrower by paying the same in United States Dollars and in immediately available funds to U.S. Bank at its Commercial Loan Service Center, Portland, Oregon not later than 3:00 p.m. (Portland time) on the date on which such payment or prepayment shall become due. Any payment made after 3:00 p.m. (Portland time) on any Business Day shall be deemed to have been received on the next Business Day. (b) On each date when the payment of any interest is due hereunder or under any Note (each, a "Due Date"), the Borrower covenants to maintain on deposit in its ordinary checking account maintained at Bank of America Oregon, an amount sufficient to pay such interest in full. The Borrower irrevocably authorizes the Agent to deduct automatically all interest due on each such interest payment date from such account. The Borrower agrees to execute such other documents and instructions as may be reasonably necessary or desirable to give effect to the terms of this Section 2.10(b). In addition, the Borrower hereby authorizes the Agent and each Lender, if and to the extent any payment is not promptly made pursuant to this Agreement or any other Loan Document, to charge from time to time against any or all of the accounts of the Borrower with the Agent or any Lender or any affiliate of the Agent or any Lender any amount due hereunder or under such any other Loan Document. (c) Approximately ten (10) days prior to each Due Date, the Agent shall give written notice (which may be by telegram, facsimile transmission, cable or telex) of the amounts that will be due on such Due Date. The calculation of the amounts due will be made on the assumption that no new extensions of credit or payments will be made between the date of such notice and the Due Date, and that there will be no changes in the applicable interest rate. Notwithstanding the foregoing to the contrary, amounts due on any Due Date shall be calculated in accordance with this Agreement and the failure of the Agent to give notice as provided in this Section 2.10(c) shall not affect the obligations of the Borrower hereunder or under any other Loan Document. (d) Whenever any payment hereunder or under any other Loan Document shall be stated to be due or whenever the last day of any interest period would otherwise occur on a day other than a Business Day, such payment shall be made and the last day of such interest period shall occur on the next succeeding Business Day and such extension of time shall in such case be included in the computation and payment of interest or commitment facility fees, as the case may be, unless such extension would cause such payment to be made or the last day of such interest period to occur in the next following calendar month, in which case such payment shall be due and the last day of such interest period shall occur on the next preceding Business Day. (e) Any payment made by the Borrower hereunder shall be applied first, against fees, expenses and indemnities due hereunder; second, against interest; and thereafter, against Loan principal.

Appears in 1 contract

Sources: Revolving Credit Agreement (Hollywood Entertainment Corp)