Payments; Computations and Statements. Borrower will make each payment under this Agreement not later than 3:00 p.m. (New York City time) on the Business Day when due, in lawful money of the United States and in immediately available funds, to Agent’s Account. All payments received by Agent after 3:00 p.m. (New York City time) on any Business Day will be credited to the Agent’s Account on the next succeeding Business Day. All payments shall be made by Borrower without set-off, counterclaim, recoupment, deduction or other defense to Agent and Lenders. After receipt, Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal ratably to 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. ▇▇▇▇▇▇▇ and Borrower hereby authorize Agent to, and Agent may (but shall have no obligation to), from time to time, charge the Agent’s Account of Borrower with any amount due and payable by Borrower under any Loan Document. Any amount charged to the Agent’s Account of Borrower shall be deemed Obligations hereunder. 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 fees shall be made by Agent on the basis of a year of 360 days for the actual number of days. Each determination by Agent of an interest rate or fees hereunder shall be conclusive and binding for all purposes in the absence of manifest error.
Appears in 1 contract
Sources: Financing Agreement
Payments; Computations and Statements. The Borrower will make each payment under this Agreement not later than 3:00 p.m. 11:00 AM (New York City time) on the Business Day 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 received by the Administrative Agent after 3:00 p.m. 11:00 AM (New York City time) on any Business Day will be credited to the Agent’s Account on the next succeeding Business Day. All payments shall be made by the Borrower without set-off, counterclaim, recoupment, deduction or other defense to Agent the Agents and the Lenders. After Except as provided in Section 2.02, 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. ▇▇▇▇▇▇▇ and Borrower hereby authorize Agent to, and Agent may (but shall have no obligation to), from time to time, charge the Agent’s Account of Borrower with any amount due and payable by Borrower under any Loan Document. Any amount charged to the Agent’s Account of Borrower shall be deemed Obligations hereunder. 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 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.error. It is understood and agreed to by the Loan Parties and the Lenders that the Administrative Agent and the Collateral Agent shall not be required to advance any of their own funds for any purpose whatsoever hereunder or under any other Loan Document.
Appears in 1 contract
Sources: Financing Agreement (Wheeler Real Estate Investment Trust, Inc.)
Payments; Computations and Statements. The Borrower will make each payment under this Agreement not later than 3:00 p.m. 12:00 noon (New York City time) on the Business Day 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 received by the Administrative Agent after 3:00 p.m. 12:00 noon (New York City time) on any Business Day will be credited to the Agent’s Account on the next succeeding Business Day. All payments shall be made by the Borrower without set-off, counterclaim, recoupment, deduction or other defense to Agent the Agents and the Lenders. After Except as provided in Section 2.02, 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. ▇▇▇▇▇▇▇ and Borrower hereby authorize Agent to, and Agent may (but shall have no obligation to), from time to time, charge the Agent’s Account of Borrower with any amount due and payable by Borrower under any Loan Document. Any amount charged to the Agent’s Account of Borrower shall be deemed Obligations hereunder. 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 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.error.
Appears in 1 contract
Sources: Financing Agreement (Wheeler Real Estate Investment Trust, Inc.)