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).
Appears in 4 contracts
Samples: Unsecured Revolving Credit Agreement (Equity Inns Inc), Secured Revolving Credit Agreement (Equity Inns Inc), Secured Revolving Credit Agreement (Equity Inns Inc)
Application of Moneys Received. All 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) 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 applicable Issuing BankBank until such fee is paid in full, then next to the payment of the Commitment 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 (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 x) as allocated by the Borrower (unless an Event of Default exists) between Bid Rate Loans and ratable Borrowings (the amount allocated to ratable 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 Funded Percentages of the Lenders until principal is paid in full, each Lenders;’ share of such payment to be allocated pro rata among the outstanding Classes and Types of Loans owed to such Lender and then to the Letter of Credit Collateral Account until the full amount of LC Exposures is on deposit therein; and
(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).
Appears in 4 contracts
Samples: Unsecured Revolving Credit Agreement (First Industrial Lp), Unsecured Revolving Credit Agreement (First Industrial Lp), Unsecured Revolving Credit Agreement (First Industrial Lp)
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).
Appears in 2 contracts
Samples: Unsecured Revolving Credit Agreement (Equity Inns Inc), Unsecured Revolving Credit Agreement (Equity Inns Inc)
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 4.1SECTION 3.1;
(iii) to the payment of any fee due pursuant to Section 3.8(b2A.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 and the Facility Letter of Credit Fee then due to the Lenders until paid in full and then to principal for all Lenders (other than Defaulting 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 Percentages of the Lenders) or (ii) if an Event of Default exists, in accordance with the respective Funded Percentages of the LendersLenders until principal is 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;
(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).
Appears in 2 contracts
Samples: Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp)
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 expenses then due and payable by Borrower hereunder, including, without limitation, costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrowermoneys;
(ii) to the reimbursement of any yield protection due to any of the Lenders in accordance with Section SECTION 4.1;
(iii) to the payment of any fee all indemnity obligations then due pursuant and payable by Borrower hereunder;
(iv) to Section 3.8(b) in connection with the issuance payment of a Facility Letter of Credit all fees then due to the Issuing Bank, Administrative Agent;
(v) to the payment of the Commitment Fee and Facility Letter of Credit Fee to the Lendersany Non-Use Fee, if then due, and to the payment of all fees to the due hereunder or under Administrative Agent's letter agreement with the Borrower;
(ivvi) 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);
(vvii) first to interest until paid in full and then to principal for all Lenders (other than Defaulting Lenders) ), in accordance with the respective Funded Percentages of the Lenders;
(viviii) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents; and
(viiix) 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).
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Great Lakes Reit Inc)
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 expenses then due and payable by Borrower hereunder, including, without limitation, costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrowermoneys;
(ii) to the reimbursement of any yield protection due to any of the Lenders in accordance with Section SECTION 4.1;
(iii) to the payment of all indemnity obligations then due and payable by Borrower hereunder;
(iv) first to the payment of any fee due pursuant to Section SECTION 3.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing BankBank until such fee is paid in full, then next to the payment of the Commitment 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 AgentAgent in its capacity as Agent and not as a Lender;
(ivv) 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);
(vvi) first to interest until paid in full and then to principal for all Lenders (other than Defaulting Lenders)
(i) 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;
(vivii) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents; and
(viiviii) 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).
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Great Lakes Reit)
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, Facility 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)
(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).
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc)
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 expenses then due and payable by Borrower hereunder, including costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrowermoneys;
(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 indemnity obligations then due and payable by Borrower hereunder;
(iv) to the payment of all fees then due to Agent;
(v) 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 Unused Fee, Upfront Fee and Facility Letter of Credit Fee to the Lenders, if then due, and to the payment of all fees to the Administrative Agentdue hereunder;
(ivvi) to the 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);
(vvii) first to interest until paid in full and then to principal for all Lenders (other than Defaulting Lenders) in accordance with the respective Funded Percentages of the Lenders;
(viviii) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents; and
(viiix) to the payment of any sums due to each Defaulting Lender as their respective Percentages appear (provided provided, however, that Administrative Agent shall have the right to set-off against such sums any amounts due from such Defaulting Lender).
Appears in 1 contract
Application of Moneys Received. All moneys collected or received by the Administrative Agent on account of the Revolving Facility directly or indirectly, shall be applied in the following order of priority, subject to Section 2.13(iii) and Section 2.27:
(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 4.13.1;
(iii) to the payment of any fee due pursuant to Section 3.8(b2A.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing BankLender, 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 and the Facility Letter of Credit Fee then due to the Lenders until paid in full and then to principal for all Lenders (other than Defaulting Lendersi) as allocated by the Borrower (unless a Default exists) among the Borrowings (to be distributed in accordance with the applicable pro rata shares of the outstanding amounts of the Lenders for the Revolving Facility) or (ii) if a Default exists, in accordance with the respective Funded Percentages of the Lenders;Lenders until principal is paid in full, each Lender’s share of such payment to be allocated pro rata among the outstanding Types of Loans owed to such Lender and then to the Letter of Credit Collateral Account until the full amount of LC Exposures is on deposit therein; and
(viv) 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).
Appears in 1 contract
Samples: Credit Agreement (Retail Value Inc.)
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 4.13.1;
(iii) to the payment of any fee due pursuant to Section 3.8(b2A.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 and the Facility Letter of Credit Fee then due to the Lenders until paid in full and then to principal for all Lenders (other than Defaulting 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 Percentages of the Lenders) or (ii) if an Event of Default exists, in accordance with the respective Funded Percentages of the LendersLenders until principal is 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;
(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).
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
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 4.1SECTION 3.1;
(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)
(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 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).
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
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 expenses then due and payable by Borrower hereunder, including, without limitation, costs incurred in the collection of such moneys of which the Administrative Agent shall have given notice to the Borrowermoneys;
(ii) to the reimbursement of any yield protection due to any of the Lenders in accordance with Section SECTION 4.1;
(iii) to the payment of all indemnity obligations then due and payable by Borrower hereunder;
(iv) to payment of all fees then due to the Agent;
(v) the payment of any fee due pursuant to Section 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 Non-Use Fee, Facility Fee and Facility Letter of Credit Fee to the Lenders, if then due, and to the payment of all fees to the Administrative Agentdue hereunder;
(ivvi) 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);
(vvii) first to interest until paid in full and then to principal for all Lenders (other than Defaulting Lenders) in accordance with the respective Funded Percentages of the Lenders;
(viviii) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents; and
(viiix) 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).
Appears in 1 contract
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 4.13.1;
(iii) to the payment of any fee due pursuant to Section 3.8(b2A.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 and the Facility Letter of Credit Fee then due to the Lenders until paid in full and then to principal for all Lenders (other than Defaulting 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 Percentages of the Lenders) or (ii) if an Event of Default exists, in accordance with the respective Funded Percentages of the LendersLenders until principal is 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;
(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).
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
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, subject to Section 2.13(iii) and Section 2.27:
(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 4.13.1;
(iii) to the payment of any fee due pursuant to Section 3.8(b2A.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing BankLender, 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 and the Facility Letter of Credit Fee then due to the 1Lenders until paid in full and then to principal for all Lenders (other than Defaulting Lendersi) as allocated by the Borrower (unless a Default exists) among the Facilities and between Competitive Bid Loans and ratable Borrowings (the amount allocated to ratable Borrowings under either of the Facilities to be distributed in accordance with the applicable pro rata shares of the outstanding amounts of the Lenders for the applicable Facility) or (ii) if a Default exists, in accordance with the respective Funded Percentages of the Lenders;Lenders until principal is paid in full, each Lender’s share of such payment to be allocated pro rata among the outstanding Classes and Types of Loans owed to such Lender and then to the Letter of Credit Collateral Account until the full amount of LC Exposures is on deposit therein; and
(viv) 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).
Appears in 1 contract
Samples: Credit Agreement (DDR Corp)
Application of Moneys Received. All moneys collected or received by the Administrative Agent on account of the Revolving Facility directly or indirectly, shall be applied in the following order of priority, subject to Section 2.13(iii) and Section 2.27:
(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 4.13.1;
(iii) to the payment of any fee due pursuant to Section 3.8(b2A.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing BankLender, 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 and the Facility Letter of Credit Fee then due to the Lenders until paid in full and then to principal for all Lenders (other than Defaulting Lendersi) as allocated by the Borrower (unless a Default exists) among the Facilities and between Competitive Bid Loans and ratable Borrowings (the amount allocated to ratable Borrowings under either of the Facilities to be distributed in accordance with the applicable pro rata shares of the outstanding amounts of the Lenders for the applicable Facility) or (ii) if a Default exists, in accordance with the respective Funded Percentages of the Lenders;Lenders until principal is paid in full, each Lender’s share of such payment to be allocated pro rata among the outstanding Classes and Types of Loans owed to such Lender and then to the Letter of Credit Collateral Account until the full amount of LC Exposures is on deposit therein; and
(viv) 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).
Appears in 1 contract
Samples: Credit Agreement (DDR Corp)
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 4.1SECTION 3.1;
(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)
(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).
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Samples: Credit Agreement (Developers Diversified Realty Corp)
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 4.13.1;
(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, if then due;
(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 to all Lenders (other than Defaulting Lenders) in Tranche I first, and then to all Lenders (other than Defaulting Lenders) in Tranche II, and then to principal for all Lenders (other than Defaulting Lenders) in Tranche I first, and then for all Lenders (other than Defaulting Lenders) in Tranche II, in accordance with the respective Tranche Percentages of the LendersLenders in Tranche I and Tranche II, respectively provided that following the occurrence of an Event of Default all payments to Lenders in Tranche I and Tranche II shall be on a parri passu basis;
(viv) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents;
(vi) to the payment of all amounts due to Defaulting Lenders; and
(vii) any remaining amount 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)Borrower.
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