Application of Certain Proceeds Sample Clauses

Application of Certain Proceeds. If any Bank makes a Revolving Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Revolving Loan from such Bank, such Bank shall apply the proceeds of its new Revolving Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available by such Bank to the Administrative Agent as provided in Section 2.2.3, or remitted by the Borrower to the Administrative Agent, as the case may be.

Application of Certain Proceeds. In the event the amount of any prepayment required to be made above under this Section 2.15 shall exceed the aggregate principal amount of the Base Rate Loans outstanding under the respective Class required to be prepaid (the amount of any such excess being called the “Excess Amount”), Company shall have the right, in lieu of making such prepayment in full, to prepay all the outstanding applicable Base Rate Loans and to deposit an amount equal to the Excess Amount with the Collateral Trustee in a cash collateral account maintained (pursuant to documentation reasonably satisfactory to the Administrative Agent) by and in the sole dominion and control of the Collateral Trustee. Any amounts so deposited shall be held by the Collateral Trustee as collateral for the Obligations and applied to the prepayment of the applicable Eurodollar Rate Loans at the end of the current Interest Periods applicable thereto. On any Business Day on which (i) collected amounts remain on deposit in or to the credit of such cash collateral account after giving effect to the payments made on such day pursuant to this Section 2.15(d) and (ii) Company shall have delivered to the Collateral Trustee a written request or a telephonic request (which shall be promptly confirmed in writing) that such remaining collected amounts be invested in the Permitted Investments specified in such request, the Collateral Trustee shall use its reasonable efforts to invest such remaining collected amounts in such Permitted Investments; provided, however, that the Collateral Trustee shall have continuous dominion and full control over any such investments (and over any interest that accrues thereon) to the same extent that it has dominion and control over such cash collateral account and no Permitted Investment shall mature after the end of the Interest Period for which it is to be applied. Company shall not have the right to withdraw any amount from such cash collateral account until the applicable Eurodollar Rate Loans and accrued interest thereon are paid in full or if a Default or Event of Default then exists or would result.

Application of Certain Proceeds. Concurrently with Closing, the net proceeds of the Loans (after payment of the Fee and all of the costs required to be paid by Borrower under Section 3) received by Lessee in connection with the transfer of the Premises to Borrower shall be applied to the outstanding balance under the Existing Facility. In addition, prior to or at the Closing Lessee shall have entered or shall enter into the New Facility.

Application of Certain Proceeds. If the Bank makes a Revolving Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Revolving Loan, the Bank shall apply the proceeds of its new Revolving Loan to make such repayment and only an amount equal to the difference (if any) between the amount being borrowed and the amount being repaid shall be made available to the Borrower as provided in Section 2.2.2.

Application of Certain Proceeds. To the extent required in order to permit the transfer and delivery of the Purchased Assets free and clear of all liens, pledges, claims, security interests and encumbrances, the Sellers shall utilize all or a portion of the Purchase Price to repay any obligations for which any of the Purchased Assets constitute collateral (including, without limitation, any line of credit or other arrangement under which the Sellers are or may be a borrower).

Application of Certain Proceeds. 30 SECTION 4.1 DIVISION OF FORECLOSURE PROCEEDS AND PROCEEDS UNDER THE XXXXXXXX GUARANTY.........................30 SECTION 4.2 APPLICATION OF CASUALTY PROCEEDS AND EMINENT DOMAIN PROCEEDS......................................31 SECTION 4.3 APPLICATION OF BUY-DOWN AMOUNTS...................................................................33 ARTICLE V COLLATERAL AGENT; DEPOSITARY BANK......................................................................36

Application of Certain Proceeds. Borrower shall apply all ------------------------------- Net Cash Proceeds of insurance or condemnation received by it pursuant to Section 5.12 (to the extent not permitted to be retained by Borrower or another ------------ Credit Party for the uses permitted by Section 5.12(c)), and all Net Cash --------------- Proceeds of any sale or other disposition of assets permitted pursuant to Section 6.08, as follows (it being understood that, to the extent that the ------------ Administrative Agent receives any such Net Cash Proceeds that Borrower or another Credit Party is permitted to retain pursuant to any provision of this Agreement, it will make such Net Cash Proceeds available to Borrower or such other Credit Party for the purposes permitted thereby): (a) Provided that no Default or Event of Default has occurred and is continuing, Borrower may retain the first $250,000 in the aggregate of any Net Cash Proceeds received during any Fiscal Year under Section 5.12(c) or Section --------------- ------- 6.08(b), (c) or (d), and such amounts shall not be subject to the requirements ------- --- --- of Section 1.04(f). Additionally, provided that no Default or Event of Default --------------- has occurred and is continuing, if any amount otherwise required to be remitted to the Administrative Agent at any time under paragraphs (b), (c), (d), (e) and (g) of this Section 5.13 is less than $250,000, then Borrower shall not be ------------ required to remit such funds to the Administrative Agent for application to the prepayment of the Loans until such time as the cumulative amounts required to be remitted thereunder equal or exceed $250,000, in which case Borrower shall remit such cumulative amounts to the Administrative Agent for application to the Loans, in integral multiples of $250,000, and shall be entitled to retain any excess until the cumulative amounts required to be remitted hereunder and not yet remitted once again equal or exceed $250,000. (b) Subject to the provisions of paragraph (a) above, Borrower shall remit to the Administrative Agent all of the Net Cash Proceeds of insurance or condemnation described in Section 5.12(c) above that are received by Borrower or --------------- any Credit Party, but that Borrower or such Credit Party is not entitled to retain for the purposes set forth therein, and the Administrative Agent shall apply all of such proceeds to the prepayment of the Loans in accordance with Section 5.12(c) hereof. --------------- (c) Borrowe...

Application of Certain Proceeds. (a) The Borrower shall reduce the aggregate Commitments under the Senior Bank Facilities or pay or prepay Scheduled Debt by an amount equal to, and upon receipt of, Asset Proceeds and Option Exercise Proceeds by the Affiliate Guarantors, the Borrower and their respective Subsidiaries other than the following, without duplication: (i) Asset Proceeds paid to the Borrower for the initial transfer of the Dairy Business to an Affiliate and its Subsidiaries at the time, if any, such Affiliate becomes an Affiliate Guarantor; (ii) Asset Proceeds from, without duplication, (A) the sale of the Borrower's Dairy Business, (B) the sale of Foods Businesses other than the pasta, soups and related businesses, (C) Option Exercise Proceeds, (D) an amount equal to the portion, if any, of the amount of the excess of (x) in the case of the exercise of an Option with a substantially contemporaneous sale of the stock or assets the subject of such Option, the actual sale price of such stock or assets or, in each other case, the fair market value (as determined by the board of directors of the Borrower) over (y) the exercise price of such Options (the "Option Differential"), which is contributed to the equity of the Borrower or the Affiliate Guarantors, upon the exercise of such Option, (E) an amount equal to the portion, if any, of the amount of the appreciation of trademarks the benefit of which accrues to Bordxx Xxxds Holdings, L.L.C. 44 40 (the "Trademark Appreciation") which is contributed to the equity of the Borrower or the Affiliate Guarantors, upon the sale of any trademarks used in the Foods Business, (F) an amount equal to the portion, if any, of the Affiliate Guarantor Stock Sale Proceeds (as defined in Section 2.06(d)) contributed as equity to the Borrower or the Affiliate Guarantors and (G) the sale of $1,000,000,000 of assets not otherwise described in this clause (iii) and not including consideration described in clauses (b), (c) and (d) below; (iii) Asset Proceeds in the form of notes, property and other consideration other than cash received other than pursuant to transactions described in clause (ii) above from entities that are not Affiliates of the Borrower or the Affiliate Guarantors, to the extent that the amount thereof outstanding at any time (after giving effect to monetization, payment or other cash realization thereof) does not exceed $200,000,000; (iv) Asset Proceeds from the sale, transfer or other disposition of non-cash consideration to the extent a...

Application of Certain Proceeds. (a) All insurance ------------------------------- proceeds with respect to the policies described in clause (a) and (b) of Section 10.01 hereof while an Event of Default or Specified Default shall be continuing shall be paid to Lessor and held or dealt with as provided in clause (b) of this Section 10.03. Subject to the preceding sentence, all insurance proceeds in excess of $4,000,000 (whether in one payment or a series of payments) with respect to the policies described in clause (a) and (b) of Section 10.01 hereof in respect of loss or damage to the Equipment from a single event or related series of events, or in respect of an Event of Loss, or relating to the Equipment in the case of business interruption insurance, shall be paid to Lessor and such proceeds shall be applied or dealt with as follows: (i) All such proceeds in excess of $4,000,000 (whether in one payment or a series of payments) with respect to the policy described in clause (a) of Section 10.01 hereof on account of a loss or damage to the Equipment not constituting an Event of Loss shall be paid to Lessor and shall be assigned over to Lessee to pay the cost of restoration of the Equipment, upon notice from Lessee (x) that it has established a plan for such restoration acceptable to Lessor and (y) stating that no Specified Default or Event of Default exists. Lessor may request reasonable documentation evidencing the expenses incurred or to be incurred in respect of such restoration. (ii) All such proceeds on account of an Event of Loss shall be dealt with in accordance with Section 8.01 hereof. (iii) All such proceeds in excess of $4,000,000 (whether in one payment or a series of payments) with respect to the policy described in clause (b) of Section 10.01 hereof on account of an event relating to the Equipment not constituting an Event of Loss shall, if Lessor shall have received reasonable assurance of Lessee's continuing ability to make scheduled Basic Rent payments, be assigned over to Lessee. All such proceeds with respect to the policy described in clause (b) of Section 10.01 hereof not so required to be assigned over to Lessee shall be paid to and held by Lessor and held as security for the obligations of Lessee under this Lease and the other Basic Agreements and may be applied against Lessee's obligations under the Basic Agreements. Any such proceeds held by Lessor at such time as the event giving rise to the payment of such business interruption insurance shall have ceased, shall...

Application of Certain Proceeds. The mortgagee may reserve the right to apply to the mortgage debt all or any part of Xxxxxx’s share of the proceeds from any insurance policies or arising from a condemnation.