Common use of Payments, Computations, Etc Clause in Contracts

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5), all payments by the Borrowers pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers to the Administrative Agent for the account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable Time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New York, such payment shall (except as otherwise required by clause (b) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 3 contracts

Sources: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Arrangers, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m.1:00 p.m., Applicable TimeNew York time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Arranger, as the case may be, its share, if any, of such payments received by the Administrative Agent for the account of such Lender, Agent or Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 3 contracts

Sources: Credit Agreement (Brand Scaffold Services Inc), Credit Agreement (Brand Scaffold Services Inc), Credit Agreement (Brand Scaffold Services Inc)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Lead Arranger, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable TimeLos Angeles time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Lead Arranger, as the case may be, its share, if any, of such payments received by the Administrative Agent for the account of such Lender, Agent or Lead Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 2 contracts

Sources: Credit Agreement (Charles River Laboratories Holdings Inc), Credit Agreement (Charles River Laboratories Inc)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5), all payments by the Borrowers pursuant to this Agreement, the Notes or any other Loan Trade Document shall be made by the Borrowers to the Administrative Agent for the account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable Time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, the Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days. Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New York, such payment shall (except as otherwise required by clause (b) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Sources: Credit Agreement (Warnaco Group Inc /De/)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders or Administrative Agent, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m.2:00 p.m., Applicable TimeNew York time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Lead Arranger, as the case may be, its share, if any, of such payments received by the Administrative Agent for the account of such Lender, Agent or Lead Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest determined by reference to the Alternate Base Rate, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Sources: Lender Consent Letter (Merrill Corp)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Arranger, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m.1:00 p.m., Applicable TimeNew York time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Company and the applicable Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Arranger, as the case may be, its share, if any, of such payments received by the Administrative Agent for the account of such Lender, Agent or Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Sources: Credit Agreement (Thermadyne Holdings Corp /De)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to or in respect of this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable Timea.m. (New York City time), on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest and fees (including any Post-Default Rate interest payments made pursuant to Section 3.2.2) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on Base Rate Loans, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment. The Administrative Agent is authorized to charge any account maintained by the Borrower with it for any Obligations owing to it or any of the Lenders.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Imo Industries Inc)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes Agreement or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Lead Arranger, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable TimeDesignated City time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Lead Arranger, as the case may be, its share, if any, of such payments received by the Administrative Agent for the account of such Lender, Agent or Lead Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Sources: Credit Agreement (Charles River Laboratories International Inc)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)--------------------------- provided, all payments by the Borrowers Borrower pursuant to this Agreement, the Notes (other than the Swingline Note) or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders --- ---- entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction deduction, recoupment or counterclaim, not later than 11:00 a.m.1:00 p.m., Applicable TimeNew York time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall reasonably specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest and fees interest, Commitment Fees, L/C Fees, Fronting Fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bc) of the definition of ---------- the term "Interest Period"" with respect to Eurodollar Rate Loans) be made on the --------------- next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Sources: Credit Agreement (Whittaker Corp)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by the Borrowers Borrower pursuant to or in respect of this Agreement, the Notes Notes, each Letter of Credit or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m., Applicable Timea.m. (New York City time), on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender its share, if any, of such payments received by the Administrative Agent for the account of such Lender. All interest and fees (including any post-default rate interest payments made pursuant to Section 3.2.2) shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on Base Rate Loans, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (b) of the definition of the term "Interest Period"" with respect to LIBO Rate Loans) be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment. The Administrative Agent is authorized to charge any account maintained by the Borrower with it for any Obligations owing to it or any of the Lenders.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Key Components Finance Corp)

Payments, Computations, Etc. Unless otherwise expressly provided herein (including as set forth in Section 2.3 and Section 4.5)provided, all payments by or on behalf of the Borrowers Borrower pursuant to this Agreement, the Notes or any other Loan Document shall be made by the Borrowers Borrower to the Administrative Agent for the pro rata account of the Lenders Lenders, Agents or Arranger, as applicable, entitled to receive such payment. All such payments required to be made to the Administrative Agent shall be made, without setoff, deduction or counterclaim, not later than 11:00 a.m.1:00 p.m., Applicable TimeNew York time, on the date due, in same day or immediately available funds, to such account as the Administrative Agent shall specify from time to time by notice to the U.S. Borrower. To the extent Funds received after that time shall be deemed to have been received by the Administrative Agent receives such funds prior to 12:00 noon, Applicable Time, on the next succeeding Business Day. The Administrative Agent shall promptly remit in same day funds to each Lender Lender, Agent or Arranger, as the case may be, its share, if any, of such payments received by the Administrative Agent for the account of such Lender, Agent or Arranger, as the case may be. All interest and fees shall be computed on the basis of the actual number of days (including the first day but excluding the last day) occurring during the period for which such interest or fee is payable over a year comprised of 360 days (or, in the case of interest on a Base Rate Loan, 365 days or, if appropriate, 366 days). Whenever any payment to be made shall otherwise be due on a day which is not a Business Day in New YorkDay, such payment shall (except as otherwise required by clause (bi) of the definition of the term "Interest Period") be made on the next succeeding Business Day and such extension of time shall be included in computing interest and fees, if any, in connection with such payment.

Appears in 1 contract

Sources: Credit Agreement (Decisionone Corp /De)