Allocation of Proceeds. If an Event of Default shall have occurred and be continuing, all payments received by the Agent under any of the Credit Documents in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority: (a) amounts due to the Agent and the Lenders in respect of fees and expenses due under Section 5.10; (b) payments of the fees due to the Agent and the Lenders under Section 2.6; (c) payments of any amounts due to the Agent and the Lenders under Sections 3.5, 3.9 and 5.14; (d) payments of interest on the Loans to be applied for the ratable benefit of the Lenders; (e) payments of principal of the Loans to be applied for the ratable benefit of the Lenders; (f) payments of all other amounts due under any of the Credit Documents, if any, to be applied for the ratable benefit of the Lenders; and (g) any amount remaining after application as provided above, shall be paid to the Borrower or whomever else may be legally entitled thereto.
Appears in 3 contracts
Samples: Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc)
Allocation of Proceeds. If an Event of Default shall have occurred and be continuing, all payments received by the Agent under any of the Credit Documents in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority:
(a) amounts due to the Agent and the Lenders in respect of fees and expenses due under Section 5.10;
(b) payments of the fees due to the Agent and the Lenders under Section 2.6;
(c) payments of any amounts due to the Agent and the Lenders under Sections 3.5, 3.9 and 5.14;
(d) payments of interest on the Loans to be applied for the ratable benefit of the Lenders;
(e) payments of principal of the Loans to be applied for the ratable benefit of the Lenders;
(f) payments of all other amounts due under any of the Credit Documents, if any, to be applied for the ratable benefit of the Lenders; and
(g) any amount remaining after application as provided above, shall be paid to the Borrower or whomever else may be legally entitled thereto.
Appears in 3 contracts
Samples: Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc)
Allocation of Proceeds. If a Default or an Event of Default shall have occurred and be continuingexists, all payments received by the Administrative Agent under any of the Credit Documents Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority:
(a) amounts due to the Administrative Agent and the Lenders in respect of fees and expenses due under Section 5.1012.2. until paid in full, and then Fees;
(b) payments of the fees due to the Agent and the Lenders under Section 2.6;
(c) payments of any amounts due to the Agent and the Lenders under Sections 3.5, 3.9 and 5.14;
(d) payments of interest on the Loans to be applied for the ratable benefit of the Lenders;
(ec) payments of principal of the Loans to be applied for the ratable benefit of the LendersLenders in such order and priority as the Lenders may determine in their sole discretion;
(fd) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.6. and 12.10.;
(e) payments of all other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and
(gf) any amount remaining after application as provided above, shall be paid to the Borrower or whomever else may be legally entitled thereto.
Appears in 2 contracts
Samples: Term Loan Agreement (Government Properties Income Trust), Term Loan Agreement (Government Properties Income Trust)
Allocation of Proceeds. If an Event of Default shall have has occurred and be continuingnot been waived, and the maturity of the Loans has been accelerated pursuant to Article IX hereof, all payments received by the Agent under any of the Credit Documents hereunder, in respect of any principal of or interest on the Obligations or any other amounts payable by the Guarantor or any Borrower hereunder or thereunderhereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priorityorder:
(a) amounts due to the Agent Lenders pursuant to Sections 3.6(a) and the Lenders in respect of fees and expenses due under Section 5.1012.5;
(b) payments of the fees amounts due to the Agent and the Lenders under pursuant to Section 2.63.6(b);
(c) payments of any amounts due interest on Loans to be applied for the Agent and ratable benefit of the Lenders under Sections 3.5, 3.9 and 5.14Lenders;
(d) payments of interest on the Loans principal of Loans, to be applied for the ratable benefit of the Lenders;
(e) payments of principal of amounts due to the Loans Agent and the Lenders pursuant to be applied for the ratable benefit of the LendersSection 12.9;
(f) payments of all other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and;
(g) any amount surplus remaining after application as provided abovefor herein, shall be paid to the Borrower Borrowers or whomever else otherwise as may be legally entitled theretorequired by applicable law.
Appears in 2 contracts
Samples: Credit Agreement (V F Corp), Credit Agreement (V F Corp)
Allocation of Proceeds. If an Event of Default shall have occurred and be continuing, all payments received by the Agent under any of the Credit Documents in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority:
(a) amounts due to the Agent and the Lenders in respect of fees and expenses due under Section 5.10;
; (b) payments of the fees due to the Agent and the Lenders under Section 2.6;
; (c) payments of any amounts due to the Agent and the Lenders under Sections 3.5, 3.9 and 5.14;
; (d) payments of interest on the Loans to be applied for the ratable benefit of the Lenders;
; (e) payments of principal of the Loans to be applied for the ratable benefit of the Lenders;
; (f) payments of all other amounts due under any of the Credit Documents, if any, to be applied for the ratable benefit of the Lenders; and
and (g) any amount remaining after application as provided above, shall be paid to the Borrower or whomever else may be legally entitled thereto.
Appears in 1 contract
Allocation of Proceeds. If an Event of Default shall have has occurred and be continuingnot been waived, and the maturity of the Loans has been accelerated pursuant to Article IX hereof, all payments received by the Agent under any of the Credit Documents hereunder, in respect of any principal of or interest on the Obligations or any other amounts payable by the any Borrower hereunder or thereunderhereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority:(or in such manner as the Required Lenders may determine): 84
(a) amounts due to the Agent Lenders pursuant to Sections 2.9 and the Lenders in respect of fees and expenses due under Section 5.1011.5;
(b) payments of the fees amounts due to the Agent and the Lenders under pursuant to Section 2.610.8;
(c) payments of any amounts due interest on Loans, to be applied for the Agent and ratable benefit of the Lenders under Sections 3.5, 3.9 and 5.14Lenders;
(d) payments of interest on the Loans principal of Loans, to be applied for the ratable benefit of the Lenders;
(e) payments of principal of amounts due to the Loans Lenders pursuant to be applied for the ratable benefit of the LendersSections 7.15 and 11.9;
(f) payments of all other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders;
(g) amounts due to any of the Lenders in respect of Obligations consisting of liabilities under any Swap Agreement with any of the Lenders on a pro rata basis according to the amounts owed; and
(gh) any amount surplus remaining after application as provided abovefor herein, shall be paid to the any Borrower or whomever else otherwise as may be legally entitled theretorequired by applicable law.
Appears in 1 contract
Samples: Credit Agreement (Unicapital Corp)
Allocation of Proceeds. If an Event of Default shall have occurred exists and be continuingmaturity of any of the Obligations has been accelerated or the Maturity Date has occurred, all payments received by the Administrative Agent under any of the Credit Documents Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower Borrower, the Parent or any other Loan Party hereunder or thereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority:
(a) amounts due to the Administrative Agent and the Lenders in respect of fees and expenses due under Section 5.1013.2. until paid in full, and then Fees;
(b) payments of the fees due to the Agent and the Lenders under Section 2.6interest on all Loans;
(c) payments of any amounts due to the Agent and the Lenders under Sections 3.5principal of all Loans, 3.9 and 5.14;
(d) payments of interest on the Loans to be applied for the ratable benefit of the LendersLenders in such order as the Lenders may determine in their sole discretion;
(d) amounts due to the Administrative Agent and the Lenders pursuant to Sections 12.8. and 13.10.;
(e) payments of principal of the Loans to be applied for the ratable benefit of the Lenders;
(f) payments of all other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and
(gf) any amount remaining after application as provided above, shall be paid to the Borrower or whomever whoever else may be legally entitled thereto.
Appears in 1 contract
Samples: Term Loan Agreement (CBL & Associates Properties Inc)
Allocation of Proceeds. If an Event of Default shall have has occurred and be continuingnot been waived, and the maturity of the Notes has been accelerated pursuant to Article IX hereof, all payments received by the Agent under any of the Credit Documents hereunder, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunderhereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priorityorder:
(a) amounts due to the Agent Lenders pursuant to Sections 2.12, 3.03, 3.04 and the Lenders in respect of fees and expenses due under Section 5.1011.05;
(b) payments of the fees amounts due to the Agent and the Lenders under pursuant to Section 2.610.08;
(c) payments of any amounts due interest on Loans to be applied for the Agent and ratable benefit of the Lenders under Sections 3.5, 3.9 and 5.14Lenders;
(d) payments of interest on the principal of Loans to be applied for the ratable benefit of the Lenders;
(e) payments of principal of amounts due to the Loans Lenders pursuant to be applied for the ratable benefit of the LendersSection 7.14;
(f) payments of all other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and
(g) any amount surplus remaining after application as provided abovefor herein, shall be paid to the Borrower or whomever else otherwise as may be legally entitled theretorequired by applicable law.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Modis Professional Services Inc)
Allocation of Proceeds. If an Event of Default shall have occurred and be continuingexists, all payments received by the Administrative Agent under any of the Credit Documents Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority:
(a) amounts due to the Administrative Agent and the Lenders in respect of fees and expenses due under Section 5.1012.2. until paid in full, and then Fees;
(b) payments of the fees due to the Agent and the Lenders under Section 2.6;
(c) payments of any amounts due to the Agent and the Lenders under Sections 3.5, 3.9 and 5.14;
(d) payments of interest on all the Loans to be applied for the ratable benefit of the LendersLenders ;
(ec) payments of principal of all the Loans to be applied for the ratable benefit of the LendersLenders in such order and priority as the Lenders may determine in their sole discretion;
(fd) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.6. and 12.10.;
(e) payments of all other Obligations and other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and
(gf) any amount remaining after application as provided above, shall be paid to the Borrower or whomever else may be legally entitled thereto.
Appears in 1 contract
Samples: Term Loan Agreement (Equity Lifestyle Properties Inc)
Allocation of Proceeds. If an Event of Default shall have has occurred and be continuingnot been waived, and the maturity of the Notes has been accelerated pursuant to Article X, all payments received by the Agent under any of the Credit Documents hereunder, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower hereunder or thereunderhereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priorityorder:
(a) amounts due to the Agent Lenders pursuant to Sections 2.10, 3.3, 3.4 and the Lenders in respect of fees and expenses due under Section 5.1012.5;
(b) payments of the fees amounts due to the Agent and the Lenders under pursuant to Section 2.611.11;
(c) payments of any amounts due interest on Loans and Reimbursement Obligations, to be applied for the Agent and ratable benefit of the Lenders under Sections 3.5, 3.9 and 5.14Lenders;
(d) payments of interest on the principal of Loans and Reimbursement Obligations, to be applied for the ratable benefit of the Lenders;
(e) payments of principal cash amounts to the Agent in respect of the Loans outstanding Letters of Credit pursuant to be applied for the ratable benefit of the LendersSection 10.1;
(f) amounts due to the Lenders pursuant to Sections 3.2(g) and 12.9;
(g) payments of all other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and;
(gh) any amount surplus remaining after application as provided abovefor herein, shall be paid to the Borrower or whomever else otherwise as may be legally entitled theretorequired by applicable law.
Appears in 1 contract
Allocation of Proceeds. If an Event of Default shall have has occurred and be continuingnot been waived, and the maturity of the Loans has been accelerated pursuant to Article IX hereof, all payments received by the Agent under any of the Credit Documents hereunder, in respect of any principal of or interest on the Obligations or any other amounts payable by the any Borrower hereunder or thereunderhereunder, shall (subject to Section 2.11) be applied by the Agent in the following order and priority:(or in such manner as the Required Lenders may determine):
(a) amounts due to the Agent Lenders pursuant to Sections 2.10 and the Lenders in respect of fees and expenses due under Section 5.1011.5;
(b) payments of the fees amounts due to the Agent and the Lenders under pursuant to Section 2.610.8;
(c) payments of any amounts due interest on Loans, to be applied for the Agent and ratable benefit of the Lenders under Sections 3.5, 3.9 and 5.14Lenders;
(d) payments of interest on the Loans principal of Loans, to be applied for the ratable benefit of the Lenders;
(e) payments of principal of amounts due to the Loans Lenders pursuant to be applied for the ratable benefit of the LendersSections 7.15 and 11.9;
(f) payments of all other amounts due under any of the Credit Loan Documents, if any, to be applied for the ratable benefit of the Lenders;
(g) amounts due to any of the Lenders in respect of Obligations consisting of liabilities under any Swap Agreement with any of the Lenders on a pro rata basis according to the amounts owed; and
(gh) any amount surplus remaining after application as provided abovefor herein, shall be paid to the any Borrower or whomever else otherwise as may be legally entitled theretorequired by applicable law.
Appears in 1 contract
Samples: Credit Agreement (Unicapital Corp)