Allocation of Payments Received. (1) Prior to the occurrence of an Event of Default and acceleration of all Loans outstanding hereunder or termination of the commitment of the Lender to advance Loans hereunder, all amounts received by the Lender shall be applied against the outstanding Obligations. (2) Following the occurrence of an Event of Default and acceleration of all Loans outstanding hereunder or termination of the commitments of the Lender to advance Loans hereunder, all amounts received by the Lender on account of the Obligations shall be applied by the Lender as follows: (i) First, to the payment of reasonable costs and expenses incurred by the Lender in the enforcement of its rights under the Credit Documents, including, without limitation, all costs and expenses of collection, attorneys' fees, court costs and foreclosure expenses; (ii) Second, to the Lender to be applied against the Obligations until the Obligations shall have been paid in full; and (iii) Third, to such Persons as may be legally entitled thereto.
Appears in 4 contracts
Samples: Mortgage Loan Warehousing Agreement (Novastar Financial Inc), Credit Agreement (Dewolfe Companies Inc), Mortgage Loan Warehousing Agreement (Westmark Group Holdings Inc)
Allocation of Payments Received. (1) Prior to the occurrence of an Event of Default and acceleration of all Loans outstanding hereunder or termination of the commitment of the Lender to advance Loans hereunder, all amounts received by the Lender shall be applied against the outstanding Obligations.
(2) Following the occurrence of an Event of Default and acceleration of all Loans outstanding hereunder or termination of the commitments commitment of the Lender to advance Loans hereunder, all amounts received by the Lender on account of the Obligations shall be applied by the Lender as follows:
(i) First, to the payment of reasonable costs and expenses incurred by the Lender in the enforcement of its rights under the Credit Documents, including, without limitation, all costs and expenses of collection, attorneys' fees, court costs and foreclosure expenses;
(ii) Second, to the Lender to be applied against the Obligations until the Obligations shall have been paid in full; and
(iii) Third, to such Persons as may be legally entitled thereto.
Appears in 2 contracts
Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc), Mortgage Loan Warehousing Agreement (Emergent Group Inc)