Common use of ALLOCATION OF PAYMENTS FROM BORROWER Clause in Contracts

ALLOCATION OF PAYMENTS FROM BORROWER. All monies to be applied to the Obligations, whether such monies represent voluntary payments by Borrower or any Guarantor or are received pursuant to demand for payment or realized from any disposition of Collateral, shall be allocated among Agent and such of the Lenders as are entitled thereto (and, with respect to monies allocated to Lenders, on a Pro Rata basis unless otherwise provided herein): (i) first, to Agent to pay principal and accrued interest on any portion of the Revolver Loans which Agent may have advanced on behalf of any Lender and for which Agent has not been reimbursed by such Lender or Borrower; (ii) second, to Wachovia to pay the principal and accrued interest on any portion of the Settlement Loans outstanding; (iii) third, to Agent and Wachovia to pay the amount of Extraordinary Expenses that have not been reimbursed to Agent or Wachovia by Borrower or Lenders, together with interest accrued thereon; (iv) fourth, to Agent to pay any Indemnified Amount that has not been paid to Agent by Borrower or Lenders, together with interest accrued thereon; (v) fifth, to Agent to pay any fees due and payable to Agent; (vi) sixth, to Lenders for any Indemnified Amount that they have paid to Agent and for any Extraordinary Expenses that they have reimbursed to Agent; and (vii) seventh, to Lenders in payment of the unpaid principal and accrued interest in respect of the Loans and any other Obligations then outstanding. The allocations set forth in this Section 5.6 are solely to determine the rights and priorities of Agent and Lenders as among themselves and may be changed by Agent and Lenders without notice to or the consent of approval of Borrower or any other Person.

ALLOCATION OF PAYMENTS FROM BORROWER. All monies to be applied to the Secured Obligations, whether such monies represent voluntary payments by Borrower or any Guarantor the Obligors or are received pursuant to demand for payment or realized from any disposition of Collateral, shall be allocated among the Agent and such of the Lenders and other holders of the Secured Obligations as are entitled thereto (and, with respect to monies allocated to the Lenders, on a Pro Rata ratable basis unless otherwise provided hereinin this SECTION 5.8(E)): (i) first, to Agent NationsBank to pay principal and accrued interest on any portion of the Revolver Loans any Non-Ratable Loan which Agent NationsBank may have advanced on behalf of any Lender (other than itself) and for which Agent NationsBank has not been reimbursed by such Lender or Borrowerthe Borrowers; (ii) second, to Wachovia the Agent to pay the principal and amount of expenses that have not been reimbursed to the Agent by the Borrowers or the Lenders, together with interest accrued interest on any portion of the Settlement Loans outstandingthereon; (iii) third, to the Agent and Wachovia to pay the any indemnified amount of Extraordinary Expenses that have has not been reimbursed paid to the Agent by the Borrowers or Wachovia by Borrower or the Lenders, together with interest accrued thereon; (iv) fourth, to Agent to pay any Indemnified Amount that has not been paid to Agent by Borrower or Lenders, together with interest accrued thereon; (v) fifth, to the Agent to pay any fees due and payable to the Agent under this Agreement; (v) fifth, to the Lenders for any indemnified amount that they have paid to the Agent and for any expenses that they have reimbursed to the Agent; (vi) sixth, to Lenders for any Indemnified Amount that they have paid to Agent and for any Extraordinary Expenses that they have reimbursed to Agent; and (vii) seventh, to the Lenders in payment of the unpaid principal and accrued interest in respect of the Loans and any other Secured Obligations arising under this Agreement (or the other Loan Documents) then outstandingoutstanding and held by any Lender to be shared among Lenders on a ratable basis, or on such other basis as may be agreed upon in writing by all of the Lenders (which agreement or agreements may be entered into without notice to or the consent or approval of the Borrower), (vii) seventh, to the Lenders and their Affiliates in payment of the unpaid amount of all Secured Obligations arising under or in respect of the Banking Relationship to be shared on a pro rata basis, and (viii) eighth, to the holders of the other Secured Obligations who are not Lenders on a pro rata basis. The allocations set forth in this Section 5.6 SECTION 5.8(E) are solely to determine the rights and priorities of the Agent and the Lenders as among themselves and may be changed by the Agent and the Lenders without notice to or the consent of approval of Borrower the Borrowers or any other Person. Whenever allocation is made pursuant to this SECTION 5.8(E) to the holder of Secured Obligations in which another Lender acquires a participation, the monies received by such holder shall be shared as between such holder and such participants on a Ratable basis.

ALLOCATION OF PAYMENTS FROM BORROWER. All monies to be applied to the Secured Obligations, whether such monies represent voluntary payments by the Borrower or any Guarantor or are received pursuant to demand for payment or realized from any disposition of Collateral, shall be allocated among the Agent and such of the Lenders and other holders of the Secured Obligations as are entitled thereto (and, with respect to monies allocated to the Lenders, on a Pro Rata Ratable basis unless otherwise provided hereinin this Section 5.8(f)): (i) first, to Agent NationsBank to pay principal and accrued interest on any portion of the Revolver Loans any Non-Ratable Loan which Agent NationsBank may have advanced on behalf of any Lender (other than itself) and for which Agent NationsBank has not been reimbursed by such Lender or the Borrower; (ii) second, to Wachovia the Agent to pay the principal and amount of expenses that have not been reimbursed to the Agent by the Borrower or the Lenders, together with interest accrued interest on any portion of the Settlement Loans outstandingthereon; (iii) third, to the Agent, the Syndication Agent, the Arranger and the Documentation Agent and Wachovia to pay the any indemnified amount of Extraordinary Expenses that have has not been reimbursed paid to Agent or Wachovia them by the Borrower or the Lenders, together with interest accrued thereon; (iv) fourth, to Agent to pay any Indemnified Amount that has not been paid to Agent by Borrower or Lenders, together with interest accrued thereon; (v) fifth, to the Agent to pay any fees due and payable to the Agent under this Agreement; (v) fifth, to the Lenders for any indemnified amount that they have paid to the Agent and for any expenses that they have reimbursed to the Agent; (vi) sixth, to Lenders for any Indemnified Amount that they have paid to Agent and for any Extraordinary Expenses that they have reimbursed to Agent; and (vii) seventh, to the Lenders in payment of the unpaid principal and accrued interest in respect of the Loans and any other Secured Obligations arising under this Agreement (and the other Loan Documents) then outstandingdue and held by any Lender to be shared among Lenders on a Ratable basis, or on such other basis as may be agreed upon in writing by all of the Lenders (which agreement or agreements may be entered into without notice to or the consent or approval of the Borrower), and (vii) seventh, to the Lenders and their Affiliates in payment of the unpaid amount of all Secured Obligations arising under or in respect of the Banking Relationship to be shared on a pro rata basis. The allocations set forth in this Section 5.6 5.8(f) are solely to determine the rights and priorities of Agent and Lenders the Secured Creditors as among themselves and may be changed by Agent and Lenders the Secured Creditors without notice to or the consent of approval of the Borrower or any other Person. Whenever allocation is made pursuant to this Section 5.8(f) to the holder of Secured Obligations in which another Lender acquires a participation, the monies received by such holder shall be shared as between such holder and such participants on a Ratable basis.

ALLOCATION OF PAYMENTS FROM BORROWER. All monies to be applied to the Secured Obligations, whether such monies represent voluntary payments by the Borrower or any Guarantor or are received pursuant to demand for payment or realized from any disposition of Collateral, shall be allocated among the Administrative Agent and such of the Lenders and other holders of the Secured Obligations as are entitled thereto (and, with respect to monies allocated to the Lenders, on a Pro Rata Ratable basis unless otherwise provided hereinin this Section 4.8(d)): (i) first, to Agent Bank of America to pay principal and accrued interest on any portion of the Revolver Loans any Non-Ratable Loan which Agent Bank of America may have advanced on behalf of any Lender and for which Agent Bank of America has not been reimbursed by such a Lender or the Borrower; (ii) second, to Wachovia to pay the principal and accrued interest on any portion of the Settlement Loans outstanding; (iii) third, to Administrative Agent and Wachovia to pay the amount of Extraordinary Expenses expenses that have not been reimbursed to the Administrative Agent or Wachovia by the Borrower or the Lenders, together with interest accrued thereon; (iviii) fourththird, to the Administrative Agent to pay any Indemnified Amount indemnified amount that has not been paid to the Administrative Agent by the Borrower or the Lenders, together with interest accrued thereon (iv) fourth, to the Lenders for any indemnified amount that they have paid to the Administrative Agent and for any expense that they have reimbursed to the Administrative Agent, together with interest accrued thereon; , (v) fifth, to the Administrative Agent to pay any fees due and payable to Agent; the Administrative Agent under this Agreement, (vi) sixth, to the Lenders for to pay any Indemnified Amount that they have paid fees due and payable to Agent and for any Extraordinary Expenses that they have reimbursed to Agent; and the Lenders under this Agreement, (vii) seventh, to the Lenders in payment of (A) the unpaid principal and accrued interest in respect of the Loans and (B) reimbursement and other obligations arising under Letter of Credit Documents or otherwise relating to Letters of Credit, to be shared among the Lenders on a Ratable basis or on such other basis as may be agreed upon in writing by all of the Lenders (which agreement or agreements may be entered into without notice to or the consent or approval of the Borrower); (viii) eighth, to cash collateralize Letters of Credit to the extent required, pursuant to Section 3.9 hereof; (ix) ninth, the applicable Lenders in payment of any other Secured Obligations including any amounts relating to Bank Products then outstanding and held by any Lender on a pro rata basis according to such other Secured Obligations then outstandingowing to such Lender expressed as a percentage of such other Secured Obligations then owing to all Lenders or on such other basis as may be agreed upon in writing by all of the Lenders affected by the application of this clause (vii) (which agreement or agreements may be entered into without notice to or the consent or approval of the Borrower); and (ix) tenth, to the holders of the Secured Obligations who are not Lenders on a pro rata basis. The allocations set forth in this Section 5.6 4.8(d) are solely to determine the rights and priorities of the Administrative Agent and the Lenders as among themselves and may be changed by the Administrative Agent and the Lenders without notice to or the consent of or approval of the Borrower or any other Person. Whenever allocation is made pursuant to this Section 4.8(d) to the holder of Secured Obligations in which another Lender acquires a participation, the monies received by such holder shall be shared as between such holder and such participants on a Ratable basis.

ALLOCATION OF PAYMENTS FROM BORROWER. All monies to be applied to the Secured Obligations, whether such monies represent voluntary payments by the Borrower or any Guarantor or are received pursuant to demand for payment or realized from any disposition of Collateral, shall be allocated among the Collateral Agent and such of the Lenders and other holders of the Secured Obligations as are entitled thereto (and, with respect to monies allocated to the Lenders, on a Pro Rata Ratable basis unless otherwise provided hereinin this Section 5.8(f)): (i) first, to the Collateral Agent to pay principal and accrued interest on any portion of the Revolver Loans which Agent may have advanced on behalf of any Lender and for which Agent has not been reimbursed by such Lender or Borrower; (ii) second, to Wachovia to pay the principal and accrued interest on any portion of the Settlement Loans outstanding; (iii) third, to Agent and Wachovia to pay the amount of Extraordinary Expenses expenses that have not been reimbursed to the Collateral Agent or Wachovia by the Borrower or the Lenders, together with interest accrued thereon; (ivii) fourthsecond, to the Collateral Agent to pay any Indemnified Amount indemnified amount that has not been paid to Agent it by the Borrower or the Lenders, together with interest accrued thereon; (viii) fifththird, to Agent to pay any fees due and payable to Agent; (vi) sixth, to the Lenders for any Indemnified Amount indemnified amount that they have paid to the Collateral Agent and for any Extraordinary Expenses expenses that they have reimbursed to the Collateral Agent; and (viiiv) seventhfourth, to the Lenders in payment of the unpaid principal and accrued interest in respect of the Loans and any other Secured Obligations arising under this Agreement (and the other Loan Documents) then outstandingdue and held by any Lender to be shared among Lenders on a Ratable basis, or on such other basis as may be agreed upon in writing by all of the Lenders (which agreement or agreements may be entered into without notice to or the consent or approval of the Borrower). The allocations set forth in this Section 5.6 5.8(f) are solely to determine the rights and priorities of Agent and Lenders the Secured Creditors as among themselves and may be changed by Agent and Lenders the Secured Creditors without notice to or the consent of approval of the Borrower or any other Person. Whenever allocation is made pursuant to this Section 5.8(f) to the holder of Secured Obligations in which another Lender acquires a participation, the monies received by such holder shall be shared as between such holder and such participants on a Ratable basis.

ALLOCATION OF PAYMENTS FROM BORROWER. All monies to be applied to the Secured Obligations, whether such monies represent voluntary payments by the Borrower or any Guarantor or are received pursuant to demand for payment or realized from any disposition of Collateral, shall be allocated among the Agent and such of the Lenders and other holders of the Secured Obligations as are entitled thereto (and, with respect to monies allocated to the Lenders, on a Pro Rata ratable basis unless otherwise provided hereinin this SECTION 4.8(D)): (i) first, to Agent NationsBank to pay principal and accrued interest on any portion of the Revolver Loans any Non-Ratable Loan which Agent NationsBank may have advanced on behalf of any Lender (other than itself) and for which Agent NationsBank has not been reimbursed by such Lender or the Borrower; (ii) second, to Wachovia the Agent to pay the principal and amount of expenses that have not been reimbursed to the Agent by the Borrower or the Lenders, together with interest accrued interest on any portion of the Settlement Loans outstandingthereon; (iii) third, to the Agent and Wachovia to pay the any indemnified amount of Extraordinary Expenses that have has not been reimbursed paid to the Agent or Wachovia by the Borrower or the Lenders, together with interest accrued thereon; (iv) fourth, to Agent to pay any Indemnified Amount that has not been paid to Agent by Borrower or Lenders, together with interest accrued thereon; (v) fifth, to the Agent to pay any fees due and payable to the Agent under this Agreement; (v) fifth, to the Lenders for any indemnified amount that they have paid to the Agent and for any expenses that they have reimbursed to the Agent; (vi) sixth, to Lenders for any Indemnified Amount that they have paid to Agent and for any Extraordinary Expenses that they have reimbursed to Agent; and (vii) seventh, to the Lenders in payment of the unpaid principal and accrued interest in respect of the Loans and any other Secured Obligations arising under this Agreement (or the other Loan Documents) then outstandingoutstanding and held by any Lender to be shared among Lenders on a ratable basis, or on such other basis as may be agreed upon in writing by all of the Lenders (which agreement or agreements may be entered into without notice to or the consent or approval of the Borrower), (vii) seventh, to the Lenders and their Affiliates in payment of the unpaid amount of all Secured Obligations arising under or in respect of the Banking Relationship to be shared on a pro rata basis, and (viii) eighth, to the holders of the other Secured Obligations who are not Lenders on a pro rata basis. The allocations set forth in this Section 5.6 SECTION 4.8(D) are solely to determine the rights and priorities of the Agent and the Lenders as among themselves and may be changed by the Agent and the Lenders without notice to or the consent of approval of the Borrower or any other Person. Whenever allocation is made pursuant to this SECTION 4.8(D) to the holder of Secured Obligations in which another Lender acquires a participation, the monies received by such holder shall be shared as between such holder and such participants on a Ratable basis.