Application of Moneys During Continuation of Event of Default. (a) So long as an Event of Default of which the Administrative Agent shall have given notice to the Lenders shall continue, all moneys received by the Administrative Agent from the Company under the Loan Documents shall, except as otherwise required by law, be distributed by the Administrative Agent on the dates selected by the Administrative Agent (individually, a "Distribution Date" and collectively, the "Distribution Dates") as follows: first, to payment of the unreimbursed expenses for which the Administrative Agent or any Lender is to be reimbursed pursuant to Section 9.03 and unpaid fees owing to the Administrative Agent pursuant to the Fee Letter; second, to the ratable payment of accrued but unpaid interest on the Obligations; third, to the ratable payment of unpaid principal of the Obligations; fourth, to the ratable payment of all other amounts payable by the Company hereunder; fifth, to the ratable payment of all other Obligations, until all Obligations shall have been paid in full; and finally, to payment to the Company, or its successors or assigns, or as a court of competent jurisdiction may direct, of any surplus then remaining from such proceeds. (b) The term "unpaid" as used in this Section 7.03 shall mean all Obligations outstanding as of a Distribution Date as to which prior distributions have not been made, after giving effect to any adjustments which are made pursuant to Section 9.09 of which the Administrative Agent shall have been notified.
Appears in 2 contracts
Samples: Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P)
Application of Moneys During Continuation of Event of Default. (a) So long as an Event of Default of which the Administrative Agent shall have given notice to the Lenders shall continue, all moneys received by the Administrative Agent from the Company under the Loan Documents shall, except as otherwise required by law, be distributed by the Administrative Agent on the dates selected by the Administrative Agent (individually, a "Distribution Date" and collectively, the "Distribution Dates") as follows: first, to payment of the unreimbursed expenses for which the Administrative Agent or any Lender is to be reimbursed pursuant to Section 9.03 and unpaid fees owing to the Administrative Agent pursuant to the Fee Letter; second, to the ratable payment of accrued but unpaid interest on the Obligations; third, to the ratable payment of unpaid principal of the Obligations; fourth, to the ratable payment of all other amounts payable by the Company hereunder; fifth, to the ratable payment of all other Obligations, until all Obligations shall have been paid in full; and finally, to payment to the Company, or its successors or assigns, or as a court of competent jurisdiction may direct, of any surplus then remaining from such proceeds.
(b) The term "unpaid" as used in this Section 7.03 shall mean all Obligations outstanding as of a Distribution Date as to which prior distributions have not been made, after giving effect to any adjustments which are made pursuant to Section 9.09 of which the Administrative Agent shall have been notified.
Appears in 1 contract
Samples: Credit Agreement (Kinder Morgan Energy Partners L P)
Application of Moneys During Continuation of Event of Default. (a) So long as an Event of Default of which the Administrative Agent shall have given notice to the Lenders shall continue, all moneys received by the Administrative Agent from the Company either Borrower under the Loan Documents shall, except as otherwise required by law, be distributed by the Administrative Agent on the dates selected by the Administrative Agent (individually, a "Distribution Date" and collectively, the "Distribution Dates") as follows: first, to payment of the unreimbursed expenses for which the Administrative Agent or any Lender is to be reimbursed pursuant to Section 9.03 10.03 and unpaid fees owing to the Administrative Agent pursuant to the Fee Letter; second, to the ratable payment of accrued but unpaid interest on the Obligations; third, to the ratable payment of unpaid principal of the Obligations; fourth, to the ratable payment of all other amounts payable by the Company Borrowers hereunder; fifth, to the ratable payment of all other Obligations, until all Obligations shall have been paid in full; and finally, to payment to the CompanyBorrowers, or its their respective successors or assigns, or as a court of competent jurisdiction may direct, of any surplus then remaining from such proceeds.
(b) The term "unpaid" as used in this Section 7.03 shall mean all Obligations outstanding as of a Distribution Date (including any amounts unpaid under clause (v) of the last sentence of Section 7.01) as to which prior distributions have not been made, after giving effect to any adjustments which are made pursuant to Section 9.09 10.09 of which the Administrative Agent shall have been notified.. Five-Year Facility 67
Appears in 1 contract
Samples: Credit Agreement (Kinder Morgan Energy Partners L P)
Application of Moneys During Continuation of Event of Default. (a) So long as an Event of Default of which the Administrative Agent shall have given notice to the Lenders shall continue, all moneys received by the Administrative Agent (i) from the Company any Obligor under the Loan Documents shall, except as otherwise required by law, be distributed by the Administrative Agent on the dates selected by the Administrative Agent (individually, a "Distribution Date" and collectively, the "Distribution Dates") as follows: first, to payment of the unreimbursed expenses for which the Administrative Agent or any Lender is to be reimbursed pursuant to Section 9.03 11.03 and to any unpaid fees owing under the Loan Documents by the Obligors to the Administrative Agent pursuant to the Fee LetterAgent; second, to the ratable payment of accrued but unpaid interest on the ObligationsLoans; third, to the ratable payment of unpaid principal of the ObligationsLoans; fourth, to the ratable payment of all other amounts payable by the Company Obligors hereunder; fifth, to the ratable payment of all other Obligations, until all Obligations shall have been paid in full; and finally, to payment to the CompanyObligors, or its their respective successors or assigns, or as a court of competent jurisdiction may direct, of any surplus then remaining from such proceeds.
(b) The term "unpaid" as used in this Section 7.03 9.04 shall mean all relevant Obligations outstanding as of a Distribution Date any such distribution date as to which prior distributions have not been made, after giving effect to any adjustments which are made pursuant to Section 9.09 9.02 of which the Administrative Agent shall have been notified.
Appears in 1 contract
Samples: 364 Day Term Loan Agreement (Weatherford International Ltd./Switzerland)
Application of Moneys During Continuation of Event of Default. (a) So long as an Event of Default of which the Administrative Agent shall have given notice to the Lenders shall continue, all moneys received by the Administrative Agent from the Company any Obligor under the Loan Documents shall, except as otherwise required by law, be distributed by the Administrative Agent on the dates selected by the Administrative Agent (individually, a "Distribution Date" and collectively, the "Distribution Dates") as follows: first, to payment of the unreimbursed expenses for which the Administrative Agent or any Lender is to be reimbursed pursuant to Section 9.03 11.03 and to any unpaid fees owing under the Loan Documents by the Obligors to the Administrative Agent pursuant to the Fee LetterAgent; ACTIVE 214387177 second, to the ratable payment of accrued but unpaid interest on the ObligationsLoans; third, to the ratable payment of unpaid principal of the Loans and, to the extent Secured Obligations, any Banking Services Obligations and Swap Obligations, until the principal of the Loans and such Banking Services Obligations and Swap Obligations shall have been paid in full; fourth, to the ratable payment of all other amounts payable by the Company hereunder; fifth, to the ratable payment of all other Secured Obligations, until all Secured Obligations shall have been paid in full; and finally, to payment to the CompanyObligors, or its their respective successors or assigns, or as a court of competent jurisdiction may direct, of any surplus then remaining from such proceeds.
(b) The term "βunpaid" β as used in this Section 7.03 9.04 shall mean all relevant Secured Obligations outstanding as of a Distribution Date any such distribution date as to which prior distributions have not been made, after giving effect to any adjustments which are made pursuant to Section 9.09 9.02 of which the Administrative Agent shall have been notified.
Appears in 1 contract
Samples: Term Loan Agreement (Weatherford International PLC)