Common use of Allocation of Proceeds Clause in Contracts

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 and 12.9; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 7 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

AutoNDA by SimpleDocs

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on all the Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on of all the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders from the Borrower or the other Loan Parties pursuant to Sections 11.7 11.7. and 12.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 4 contracts

Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been acceleratedexists, all payments received by the Administrative Agent (or any Lender as a result of its exercise of remedies permitted under Section 13.4.) under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower or any other Loan Party hereunder or thereunder, shall be applied 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 12.213.2. until paid in full, and then Fees; (b) amounts due payments of interest on all Loans to be paid to the Lenders equally and ratably in respect of fees and expenses due under Section 12.2, pro rata in accordance with the amount respective amounts thereof then due each Lenderand owing; (c) payments of interest on the Loans, principal of all Loans to be applied for paid to the ratable benefit of Lenders equally and ratably in accordance with the Lendersrespective amounts thereof then due and owing to such Persons; (d) payments of principal on the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 12.6. and 12.913.10.; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, Documents 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 3 contracts

Samples: Term Loan Agreement (Broadstone Net Lease Inc), Term Loan Agreement (Broadstone Net Lease Inc), Term Loan Agreement (Broadstone Net Lease Inc)

Allocation of Proceeds. If an Event of Default shall exist have occurred and be continuing and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Agent to Agent, and Lenders in respect of fees Fees and expenses due under Section 12.2Sections 3.1. and 10.3., ratably in accordance with the amounts then payable; (b) amounts due the Lenders in respect payments of fees and expenses due under Section 12.2, pro rata in the amount then due each Lenderinterest on Swingline Loans; (c) payments of principal on Swingline Loans; (d) payments of interest on the Loans, to be applied for the ratable benefit of the Lenders; (de) payments of principal on the of Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 and 12.9; (f) payment amounts due to Agent and Lenders pursuant to Sections 9.6. and 10.5.; (g) payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and (gh) 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: Credit Agreement (Security Capital Group Inc/), Credit Agreement (Security Capital Group Inc/)

Allocation of Proceeds. If an Event of Default shall exist exists and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent and the Lenders in respect of fees Fees and expenses due under Section 12.213.3.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the all other Loans, to be applied for the ratable benefit of the Lenders, in such order as set forth in Section 3.2. hereof or as all of the Lenders may determine in their sole discretion; (dc) payments of principal on the of all other Loans, to be applied for the ratable benefit of the Lenders, in such order as set forth in Section 3.2. hereof or as all of the Lenders may determine in their sole discretion; (ed) amounts due to the Agent and the Lenders pursuant to Sections 11.7 12.6. and 12.913.11.; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the 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: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Corp)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the all other Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all other Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.8. and 12.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 2 contracts

Samples: Construction Loan Agreement (Corporate Office Properties Trust), Construction Loan Agreement (Corporate Office Properties Trust)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower Borrowers hereunder or thereunder, shall be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the all other Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all other Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections Section 11.7 and Section 12.9; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties Borrowers under any of the Loan 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 Borrowers or whomever else may be legally entitled thereto.

Appears in 2 contracts

Samples: Credit Agreement (Epr Properties), Credit Agreement (Entertainment Properties Trust)

Allocation of Proceeds. If an Event of Default shall exist have occurred and be continuing and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower or any other Loan Party hereunder or thereunder, shall be applied in the following order and priority: (a) amounts due to the Agent and the Lenders in respect of Fees and other fees and expenses due under Section 12.211.2.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the Loans, to be applied for the ratable benefit of the Lenders, in such order as the Lenders may determine in their sole discretion; (dc) payments of principal on of the Loans, to be applied for the ratable benefit of the Lenders, in such order as the Lenders may determine in their sole discretion; (ed) amounts due to the Agent and the Lenders pursuant to Sections 11.7 10.7. and 12.911.9.; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the 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: Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been acceleratedexists, all payments received by the Administrative Agent (or any Lender as a result of its exercise of remedies permitted under Section 13.3) under any of the 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 be applied 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 12.213.2 until paid in full, and then Fees; (b) payments of interest and other amounts due constituting Obligations (other than principal of Loans) and any interest accrued thereon, in each case equally and ratably in accordance with the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount respective amounts thereof then due each Lenderand owing; (c) payments of interest on the Loans, principal of all Loans to be applied for in each case equally and ratably in accordance with the ratable benefit of the respective amounts thereof then due and owing to such Lenders; (d) payments of principal on the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 Section 11.6 and 12.9Section 13.9; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the 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: Subordinated Credit Agreement (Rouse Properties, Inc.), Subordinated Credit Agreement (Rouse Properties, Inc.)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower or any other Loan Party hereunder or thereunder, shall be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on all of the Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on of the Loans, Loans to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 2 contracts

Samples: Term Loan Agreement (Corporate Office Properties Trust), Term Loan Agreement (Corporate Office Properties Trust)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been acceleratedexists, all payments received by the Administrative Agent (or any Lender as a result of its exercise of remedies permitted under Section 12.4.) under any of the 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 be applied 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 12.2. until paid in full, and then Fees; (b) amounts due payments of interest on all Loans to be paid to the Lenders equally and ratably in respect of fees and expenses due under Section 12.2, pro rata in accordance with the amount respective amounts thereof then due each Lenderand owing; (c) payments of interest on the Loans, principal of all 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; (d) payments of principal on the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 11.6. and 12.912.10.; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the 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 (Parkway Properties Inc), Term Loan Agreement (Parkway Properties Inc)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.213.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.213.2., pro rata in the amount then due each Lender; (c) payments of interest on the Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on of the Loans, Loans to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 12.8. and 12.913.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 2 contracts

Samples: Term Loan Agreement (Kite Realty Group Trust), Term Loan Agreement (Kite Realty Group Trust)

Allocation of Proceeds. If an Event of Default shall exist exists and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent and the Lenders in respect of fees Fees and expenses due under Section 12.213.2.; (b) amounts due the Lenders in respect payments of fees and expenses due under Section 12.2, pro rata in the amount then due each Lenderinterest on Swingline Loans; (c) payments of interest on the all other Loans, to be applied for the ratable benefit of the Lenders, in such order as the Lenders may determine in their sole discretion; (d) payment of principal on Swingline Loans; (e) payments of principal on the of all other Loans, to be applied for the ratable benefit of the Lenders, in such order as the Lenders may determine in their sole discretion; (ef) amounts due to the Agent and the Lenders pursuant to Sections 11.7 12.7. and 12.913.10.; (fg) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and (gh) 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: Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)

Allocation of Proceeds. If an Event of Default shall exist exists and maturity of any of the Obligations has been accelerated, all payments received by the Administrative Agent under any of the 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 be applied 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 12.2. until paid in full, and then Fees; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the Loans, Loans to be applied for the ratable benefit of the Lenders; (dc) payments of principal on of the Loans, 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; (ed) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 11.6. and 12.912.10.; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the 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 (CommonWealth REIT)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower Borrowers hereunder or thereunder, shall be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the all Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower Borrowers and the other Loan Parties under any of the Loan 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 Borrowers or whomever else may be legally entitled thereto.

Appears in 1 contract

Samples: Credit Agreement (Maguire Properties Inc)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been acceleratedexists, all payments received by the Agent under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower Borrowers or the other Loan Parties hereunder or thereunder, shall be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the all Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 and 12.9.; (f) payment of all other Obligations and other amounts due and owing by the Borrower Borrowers and the other Loan Parties under any of the Loan 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 Borrowers or whomever else may be legally entitled thereto.

Appears in 1 contract

Samples: Term Loan Agreement (Lexington Realty Trust)

Allocation of Proceeds. If an Event of Default shall exist have occurred and maturity of any of be continuing and the Obligations has have been accelerated, all payments received by the Administrative Agent under any of the 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 be applied by the Administrative Agent in the following order and priority: (a) amounts due to the Administrative Agent and the Lenders in respect of fees Fees and expenses due under Section 12.213.2.; (b) amounts due payments of interest on the Lenders in respect Loan to be applied for the ratable benefit of fees and expenses due under Section 12.2, pro rata in the amount then due each LenderLenders; (c) payments of interest on principal of the Loans, Loan to be applied for the ratable benefit of the Lenders; (d) payments of principal on the Loans, to be applied for the ratable benefit of the Lenders;[Intentionally Omitted] (e) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 12.7. and 12.913.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Term Loan Agreement (Federal Realty Investment Trust)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.213.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.213.2., pro rata in the amount then due each Lender; (c) payments of interest on the Loans, Loans to be applied for the ratable benefit of the Lenders; (d) payments of principal on of the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 12.7. and 12.913.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.2; (b) amounts due the Lenders in respect of fees fees, expenses and expenses other amounts payable or due under Section Sections 3.6, 10.4 and 12.2, pro rata in the amount then due each Lender.; (cb) payments of interest on the Loans, to be applied for the ratable benefit of the Lenders; (dc) payments of principal on the Loans, to be applied for the ratable benefit of the Lenders; (ed) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (fe) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, to be applied for the ratable benefit of the LendersAgent, if applicable, and the Lenders to which such amounts are owed; 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 (UDR, Inc.)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.211.2.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.211.2., pro rata in the amount then due each Lender; (c) payments of interest on the all Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 10.8. and 12.911.9.; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Credit Agreement (U-Store-It Trust)

AutoNDA by SimpleDocs

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the Loans, all other Loans to be applied for the ratable benefit of the Lenders; (d) payments of principal on the Loans, of all other Loans to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 and Section 12.9; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.213.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.213.2., pro rata in the amount then due each Lender; (c) payments of interest on the Loans, Loans to be applied for the ratable benefit of the Lenders; (d) payments of principal on of the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 12.8. and 12.913.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Term Loan Agreement (Kite Realty Group Trust)

Allocation of Proceeds. If an Event of Default shall exist have occurred and be continuing and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Agent to Agent, and Lenders in respect of fees Fees and expenses due under Section 12.2Sections 3.1. and 10.3., ratably in accordance with the amounts then payable; (b) amounts due the Lenders in respect payments of fees and expenses due under Section 12.2, pro rata in the amount then due each Lenderinterest on Swingline Loans; (c) payments of principal on Swingline Loans; (d) payments of interest on the Loans, to be applied for the ratable benefit of the Lenders; (de) payments of principal on the of Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 and 12.9; (f) payment amounts due to Agent and Lenders pursuant to Sections 9.7. and 10.5.; (g) payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, to be applied for the ratable benefit of the Lenders; and (gh) 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: Credit Agreement (Security Capital Group Inc/)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been acceleratedexists, all payments received by the Administrative Agent under any of the 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 be applied 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 12.214.2 until paid in full, and then Fees; (b) amounts due to the Administrative Agent and the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each LenderProtective Advances; (c) payments of interest on the Loans, all other Loans to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all other Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 12.8 and 12.914.10; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, Documents 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 1 contract

Samples: Credit Agreement (CapLease, Inc.)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been acceleratedexists, all payments received by the Administrative Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees Xxxxxxxxxxxxxx Xxxxx, XXXX and expenses due under Section 12.2; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.213.2 until paid in full, pro rata in the amount and then due each LenderFees; (cb) payments of interest on the Loans, Loan to be applied for the ratable benefit of the Lenders; (dc) payments of principal on of the Loans, Loan to be applied for the ratable benefit of the LendersLenders in such order and priority as the Lenders may determine in their sole discretion; (ed) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 12.8 and 12.913.10; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan DocumentsDocuments and Specified Derivatives Contracts, if any, to be applied for the ratable benefit of the LendersLenders and the applicable Specified Derivatives Providers; 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: Loan Agreement (Equity One, Inc.)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due to the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the all Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Credit Agreement (Maguire Properties Inc)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the Loan 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 be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the Loans, Loan to be applied for the ratable benefit of the Lenders; (d) payments of principal on of the Loans, Loan to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Credit Agreement (St Joe Co)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, or if an Event of Default specified in Section 10.1.(a) and/or (b) shall exist, all payments received by the Administrative Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Administrative Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the all Loans, to be split pro rata between each Class of Loan, and to be applied for the ratable benefit of the LendersLenders of each Class of Loans; (d) payments of principal on the of all Loans, to be split pro rata between each Class of Loan, and to be applied for the ratable benefit of the LendersLenders of each Class of Loans; (e) amounts due the Administrative Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Term Loan Agreement (U-Store-It Trust)

Allocation of Proceeds. If an Event of Default shall exist have occurred and be continuing and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due to the Agent in respect of fees and expenses due under Section 12.2; (b) amounts due the Lenders in respect of fees and expenses due under Section Sections 3.6 and 12.2, pro rata in the amount then due each Lender; (cb) payments of interest on the LoansTerm Loan, to be applied for the ratable benefit of the LendersLenders (first to Base Rate Loans and then to LIBOR Loans); (dc) payments of principal on of the LoansTerm Loan, to be applied for the ratable benefit of the LendersLenders (first to Base Rate Loans and then to LIBOR Loans); (ed) amounts due the Agent and the Lenders pursuant to Sections 11.7 and 12.9; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, to be applied for the ratable benefit of the LendersLenders and Agent; 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 (Wells Real Estate Investment Trust Ii Inc)

Allocation of Proceeds. If an Event of Default shall exist exists and maturity of any of the Obligations has been accelerated, all payments received by the Administrative Agent under any of the 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 be applied 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 12.2. until paid in full, and then Fees; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2, pro rata in the amount then due each Lender; (c) payments of interest on the Loans, Loans to be applied for the ratable benefit of the Lenders; (dc) payments of principal on of the Loans, 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; (ed) amounts due to the Administrative Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.912.10.; (fe) payment payments of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the 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 (Select Income REIT)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the 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 be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the all Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment of all other Obligations and other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan 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 1 contract

Samples: Credit Agreement (Sl Green Realty Corp)

Allocation of Proceeds. If an Event of Default shall exist and maturity of any of the Obligations has been accelerated, all payments received by the Agent under any of the Loan Documents, in respect of any principal of or interest on the Obligations or any other amounts payable by the Borrower Borrowers hereunder or thereunder, shall be applied in the following order and priority: (a) amounts due the Agent in respect of fees and expenses due under Section 12.2.; (b) amounts due the Lenders in respect of fees and expenses due under Section 12.2., pro rata in the amount then due each Lender; (c) payments of interest on the all Loans, to be applied for the ratable benefit of the Lenders; (d) payments of principal on the of all Loans, to be applied for the ratable benefit of the Lenders; (e) amounts due the Agent and the Lenders pursuant to Sections 11.7 11.7. and 12.9.; (f) payment of all other Obligations and other amounts due and owing by the Borrower Borrowers and the other Loan Parties under any of the Loan 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 Borrowers or whomever else may be legally entitled thereto.

Appears in 1 contract

Samples: Credit Agreement (Lexington Master Limited Partnership)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!