Common use of Payments; Computations and Statements Clause in Contracts

Payments; Computations and Statements. (a) The Borrowers will make each payment under this Agreement not later than 1:00 p.m. (New York City time) on the day when due, in lawful money of the United States of America and in immediately available funds, to the Administrative Agent’s Account. All payments shall be made by the Borrowers without set-off, counterclaim, recoupment, deduction or other defense to the Agents and the Lenders, except as otherwise permitted by Section 2.09. After receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the Lenders in accordance with their Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Whenever any payment to be made under any such Loan Document shall be stated to be due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall in such case be included in the computation of interest or fees, as the case may be. All computations of per annum fees shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days. Each determination by the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error. (b) [Reserved.]

Appears in 2 contracts

Sources: Financing Agreement (Cherokee Inc), Financing Agreement (Cherokee Inc)

Payments; Computations and Statements. (a) The Borrowers will make each payment under this Agreement not later than 1:00 p.m. 12:00 noon (New York City time) on the day when due, in lawful money of the United States of America and in immediately available funds, to in the Administrative Agent’s Accountmanner set forth in clause (b) below. All payments received after 12:00 noon (New York City time) on any Business Day will be credited on the next succeeding Business Day. All payments shall be made by the Borrowers without set-off, counterclaim, recoupment, deduction or other defense to the Agents Agent and the Lenders, except as otherwise permitted by Section 2.09. After receipt, the Administrative Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to the Lenders in accordance with their Pro Rata Shares and like funds relating to the payment of any other amount payable to any Lender to such Lender, in each case to be applied in accordance with the terms of this Agreement. Whenever any payment to be made under any such Loan Document shall be stated to be due on a day other than a Business Day, such payment shall be made on the next succeeding Business Day and such extension of time shall in such case be included in the computation of interest or fees, as the case may be. All computations of per annum fees shall be made by the Administrative Agent on the basis of a year of 360 days for the actual number of days. Each determination by days (including the Administrative Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes first day but excluding the last day) occurring in the absence of manifest error. (b) [Reserved.]period for which such fees are

Appears in 1 contract

Sources: Financing Agreement (Value City Department Stores Inc /Oh)