Common use of Application and Allocation of Payments Clause in Contracts

Application and Allocation of Payments. So long as no Event of Default has occurred and is continuing, voluntary prepayments shall be applied as directed by Borrower. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Maturity Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower, and Borrower hereby irrevocably agrees that Lender shall have the continuing exclusive right to apply any and all such payments against the Obligations as Lender may deem advisable notwithstanding any previous entry by Lender in its other books and records. In all circumstances, after acceleration or maturity of the Obligations, all payments and proceeds of Collateral shall be applied to amounts then due and payable in the following order: (1) to Lender’s expenses reimbursable hereunder, (2) to interest on the Loan, (3) to principal payments on the Loan, and (4) to all other Obligations to the extent reimbursable under Section 1.5.

Appears in 1 contract

Samples: Bridge Loan Agreement (Imperial Industries Inc)

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Application and Allocation of Payments. So long as no Event of Default has occurred and is continuing, voluntary prepayments (i) payments made to the Lenders shall be applied, first, ratably to Fees and reimbursable expenses of the Agent and the Lenders then due and payable pursuant to any of the Loan Documents; and (ii) payments matching specific scheduled payments then due shall be applied as directed by Borrowerto those scheduled payments. As to any other payment, and as to all payments Payments made when an Event of Default has occurred and is continuing or following the Maturity Date, shall be applied in accordance with Section 6.4. Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of BorrowerBorrower when an Event of Default exists, and Borrower hereby irrevocably agrees that Lender the Lenders shall have the continuing exclusive right to apply any and all such payments against the Obligations of Borrower as Lender the Lenders may deem advisable advisable, notwithstanding any previous entry by Lender the Lenders in its the Loan Account or any other books and records. In all circumstances, after acceleration or maturity of the Obligations, all payments and proceeds of Collateral shall be applied to amounts then due and payable in the following order: (1) to Lender’s expenses reimbursable hereunder, (2) to interest on the Loan, (3) to principal payments on the Loan, and (4) to all other Obligations to the extent reimbursable under Section 1.5.

Appears in 1 contract

Samples: Loan and Security Agreement (Five9, Inc.)

Application and Allocation of Payments. So long as no Default or Event of Default has occurred and is continuing, voluntary prepayments (i) payments made to the Lender shall be applied, first, to Fees and reimbursable expenses of Lender then due and payable pursuant to any of the Loan Documents; (ii) payments matching specific scheduled payments then due shall be applied as directed by Borrower. As to any other payment, those scheduled payments; and as to all (iii) payments made when an a Default or Event of Default has occurred and is continuing or following the Maturity Date, shall be applied in accordance with Section 6.4. Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower, and Borrower hereby irrevocably agrees that Lender shall have the continuing exclusive right to apply any and all such payments against the Obligations of Borrower as Lender may deem advisable advisable, notwithstanding any previous entry by Lender in its the Loan Account or any other books and records. In all circumstances, after acceleration or maturity of the Obligations, all payments and proceeds of Collateral shall be applied to amounts then due and payable in the following order: (1) to Lender’s expenses reimbursable hereunder, (2) to interest on the Loan, (3) to principal payments on the Loan, and (4) to all other Obligations to the extent reimbursable under Section 1.5.

Appears in 1 contract

Samples: Credit Agreement (Pet DRx CORP)

Application and Allocation of Payments. So long as no Default or Event of Default has occurred and is continuing, voluntary prepayments (i) payments made to the Agent shall be applied, first, to Fees and reimbursable expenses of Agent and Lenders then due and payable pursuant to any of the Loan Documents; (ii) payments matching specific scheduled payments then due shall be applied as directed by Borrower. As to any other payment, those scheduled payments; and as to all (iii) payments made when an a Default or Event of Default has occurred and is continuing or following the Maturity Date, shall be applied in accordance with Section 7.4. Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower, and Borrower Xxxxxxxx hereby irrevocably agrees that Lender Agent shall have the continuing exclusive right to apply any and all such payments against the Obligations of Borrower as Lender Agent may deem advisable advisable, notwithstanding any previous entry by Lender Lenders in its the Loan Account or any other books and records. In all circumstances, after acceleration or maturity of the Obligations, all payments and proceeds of Collateral shall be applied to amounts then due and payable in the following order: (1) to Lender’s expenses reimbursable hereunder, (2) to interest on the Loan, (3) to principal payments on the Loan, and (4) to all other Obligations to the extent reimbursable under Section 1.5.

Appears in 1 contract

Samples: Credit Agreement (Capstone Holding Corp.)

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Application and Allocation of Payments. So long as no Default or Event of Default has occurred and is continuing, (i) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (ii) voluntary prepayments shall be applied as directed determined by Borrower, subject to the provisions of Section 1.3(a); and (iii) mandatory prepayments shall be applied as set forth in Sections 1.3(b). As to any other payment, and as to all payments made when an a Default or Event of or Default has occurred and is continuing or following the Maturity Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower, and Borrower hereby irrevocably agrees that Lender shall have the continuing exclusive right to apply any and all such payments against the Obligations as Lender may deem advisable notwithstanding any previous entry by Lender in its the Loan Account or any other books and records. In all circumstances, after acceleration or maturity of the Obligations, all payments and proceeds of Collateral shall be applied to amounts then due and payable in the following order: (1) to Lender’s expenses reimbursable hereunder, (2) to interest on the Loan, (3) to principal payments on the Loan, and (4) to all other Obligations to the extent reimbursable under Section 1.5.

Appears in 1 contract

Samples: Credit Agreement (Navarre Corp /Mn/)

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