Application of Moneys Received. All moneys collected or received by the Administrative Agent on account of the Facility directly or indirectly, shall be applied in the following order of priority:
(i) to the payment of all reasonable costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrower;
(ii) to the reimbursement of any yield protection due to any of the Lenders in accordance with Section 4.1;
(iii) to the payment of any fee due pursuant to Section 3.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing Bank, to the payment of the Commitment Fee and Facility Letter of Credit Fee to the Lenders, if then due, and to the payment of all fees to the Administrative Agent;
(iv) to payment of the full amount of interest and principal on the Swingline Loans (provided that if Swingline Lender has not requested the other Lenders to purchase their applicable Percentages of the any outstanding Swingline Loans within twenty (20) Business Days following a Default, then principal and interest due on such Swingline Loans shall be of equal priority with principal and interest due in connection with other Loans);
(v) first to interest until paid in full and then to principal for all Lenders (other than Defaulting Lenders) in accordance with the respective Percentages of the Lenders;
(vi) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents; and
(vii) to the payment of any sums due to each Defaulting Lender as their respective Percentages appear (provided that Administrative Agent shall have the right to set-off against such sums any amounts due from such Defaulting Lender).
Application of Moneys Received. All moneys collected or received by the Administrative Agent on account of the Facility directly or indirectly, shall be applied in the following order of priority:
(i) to the payment of all reasonable costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrower;
(ii) to the reimbursement of any yield protection due to any of the Lenders in accordance with Section 4.1;
(iii) first to the payment of any fee due pursuant to Section 3.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing Bank until such fee is paid in full, then next to the payment of the Facility Fee and Facility Letter of Credit Fee to the Lenders, if then due, in that order on a pro rata basis in accordance with the respective amounts of such fees due to the Lenders and then finally to the payment of all fees then due to the Administrative Agent;
(iv) to payment of the full amount of interest and principal on the Swingline Loans;
(v) first to interest until paid in full and then to principal for all Lenders (other than Defaulting Lenders)
(i) as allocated by the Borrower (unless an Event of Default exists) between Competitive Bid Loans and ratable Advances (the amount allocated to ratable Advances to be distributed in accordance with the Percentages of the Lenders) or (ii) if an Event of Default exists, in accordance with the respective Funded Percentages of the Lenders;
(vi) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents; and
(vii) to the payment of any sums due to each Defaulting Lender as their respective Percentages appear (provided that Administrative Agent shall have the right to set-off against such sums any amounts due from such Defaulting Lender).
Application of Moneys Received. All moneys collected or received by the Administrative Agent on account of the Facility directly or indirectly, shall be applied in the following order of priority:
(i) to the payment of all reasonable costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrower;
(ii) to the reimbursement of any yield protection due to the Lenders in accordance with SECTION 4.1;
(iii) to the payment of any fee due pursuant to SECTION 3.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing Bank, to the payment of the Facility Fee to the Lenders, if then due, in accordance with their Percentages and to the payment of the Administrative Agent's Fee to the Administrative Agent if then due;
(a) in case the entire unpaid principal of the Facility shall not have become due and payable, the whole amount received as interest and Facility Letter of Credit Fee then due to the Lenders (other than a Defaulting Lender) as their respective Percentages appear (except to the extent there are Swing Line Loans or Competitive Bid Loans outstanding in which event the full amount of interest attributable to the Swing Line Loans and Competitive Bid Loans shall be payable to the Swing Line Lender and Competitive Bid Lenders, respectively, unless the Swing Line Lender or Competitive Bid Lender shall be a Defaulting Lender), together with the whole amount, if any, received as principal first to the Swing Line Lender, unless the Swing Line Lender shall be a Defaulting Lender, to repay any outstanding Swing Line Loans and then to the Lenders as their respective Funded Percentages appear, or (b) in case the entire unpaid principal of the Facility shall have become due and payable, as a result of a Default or otherwise, to the payment of the whole amount then due and payable on the Loan for principal, together with interest thereon at the Default Rate or the interest rate, as applicable, to the Swing Line Lender, unless the Swing Line Lender shall be a Defaulting Lender, for all such amounts due in connection with Swing Line Loans and then to the Lenders (other than a Defaulting Lender) as their respective Funded Percentages appear until paid in full; and then to the Letter of Credit Collateral Account until the full amount of Facility Letter of Credit Obligations is on deposit therein; and
(v) to the payment of any sums due to each Defaulting Lender as their respective Percentages appear (provided that Administra...
Application of Moneys Received. Subject to Section 2.13(b) hereof, all moneys collected or received by the Administrative Agent on account of the Facility directly or indirectly, shall be applied in the following order of priority:
(i) to the payment of all reasonable costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrower;
(ii) to the reimbursement of any yield protection due to any of the Lenders in accordance with Section 4.1;
(iii) to the payment of all fees then due to the Administrative Agent;
(iv) [reserved];
(v) first to interest until paid in full and then to principal for all Lenders (x) for Borrowings (unless an Event of Default exists) (the amount allocated to Borrowings to be distributed in accordance with the applicable pro rata shares of the outstanding amounts of the Lenders) or (y) if an Event of Default exists, in accordance with the respective Percentages of the Lenders until principal is paid in full, each Lenders’ share of such payment to be allocated pro rata among the outstanding Types of Loans owed to such Lender; and
(vi) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents.
Application of Moneys Received. All moneys collected or received by the Administrative Agent on account of the Facility directly or indirectly, shall be applied in the following order of priority:
(i) to the payment of all reasonable costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrower;
(ii) to the reimbursement of any amounts due to any of the Lenders in accordance with Article III;
(iii) to payment of the full amount of interest and principal on the Swingline Loans;
(iv) first to interest until paid in full and then to principal for all Lenders (i) as allocated by the Borrower (unless a Default exists) between Competitive Bid Loans and ratable Advances (the amount allocated to ratable Advances to be distributed in accordance with the Percentage of the Lenders) or (ii) if a Default exits, in accordance with the respective Funded Percentage of the Lenders; and
(v) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents.
Application of Moneys Received. CIBC may apply all moneys received from me, the Customer or any other Person (including under any Security that CIBC may from time to time hold) upon such part of the Customer's Debts as CIBC considers appropriate.
Application of Moneys Received. Simplii Financial may apply all moneys received from me, the Customer or any other Person (including under any Security that Simplii Financial may from time to time hold) upon such part of the Customer's Debts as Simplii Financial considers appropriate.
Application of Moneys Received. 32 ARTICLE III THE LETTER OF CREDIT SUBFACILITY................................................................... 33
Application of Moneys Received. All moneys collected or received by the Administrative Agent on account of the Facility directly or indirectly, shall be applied in the following order of priority:
(i) to the payment of all reasonable costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Reimbursement Obligor;
(ii) to the reimbursement of any yield protection due to the Lenders in accordance with SECTION 4.1;
(iii) to the payment of any fees due pursuant to this Agreement;
(iv) to the payment of the whole amount then due and payable on the Reimbursement Obligations to the Lenders for principal, together with interest thereon at the Default Rate or the interest rate, as applicable, (other than a Defaulting Lender) as their respective Percentages appear until paid in full; and
(v) to the payment of any sums due to each Defaulting Lender as their respective Percentages appear (provided that Administrative Agent shall have the right to set-off against such sums any amounts due from such Defaulting Lender).
Application of Moneys Received. All moneys actually received by the Agent in respect of any Obligations whether from the realization of any Collateral or otherwise, may, subject to the terms of the Credit Agreement, be held by the Agent unappropriated in a collateral account or applied against the Obligations, all as the Agent may from time to time see fit and without prejudice to any rights or remedies of any Secured Party hereunder, the PPSA or otherwise at law.
