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 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 (Centerpoint Properties Trust), Unsecured Revolving Credit Agreement (Centerpoint Properties Trust)
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 2.22:
(i) first, to the payment of all reasonable costs incurred in that portion of the collection of such moneys of which Obligations constituting fees, indemnities, expenses and other amounts payable to the Administrative Agent shall have given notice (including fees and disbursements and other charges of counsel to the BorrowerAdministrative Agent payable under Section 9.7 and amounts pursuant to Section 2.7 payable to the Administrative Agent in its capacity as such);
(ii) second, 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 that portion of the Facility Fee to the LendersObligations constituting fees, if then dueexpenses, indemnities and other amounts (other than principal, reimbursement obligations in accordance with their Percentages and to the payment respect 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 payableLC Disbursements, the whole amount received as interest and Facility Letter of Credit Fee then due fees) payable to the Lenders and the Issuing Lenders (including fees and disbursements and other than a Defaulting Lendercharges of counsel to the Lenders and the Issuing Lenders payable under Section 9.7) as their arising under the Loan Documents, ratably among them in proportion to the respective Percentages appear amounts described in this clause (except ii) payable to them;
(iii) third, to payment of that portion of the Obligations constituting accrued and unpaid Facility Letter of Credit fees and charges and interest on the Loans and unreimbursed LC Disbursements, ratably among the Lenders and the Issuing Lenders in proportion to the respective amounts described in this clause (iii) payable to them;
(iv) fourth, (A) to payment of that portion of the Obligations constituting unpaid principal of the Loans and unreimbursed LC Disbursements and (B) to cash collateralize that portion of LC Exposure comprising the undrawn amount of Facility Letters of Credit to the extent there are Swing Line Loans not otherwise cash collateralized by the Borrower pursuant to Section 2A.9 or Competitive Bid Loans outstanding 2.22, ratably among the Lenders and the Issuing Lenders in which event proportion to the full respective amounts described in this clause (iv) payable to them; provided that (x) any such amounts applied pursuant to subclause (B) above shall be paid to the Administrative Agent for the ratable account of the applicable Issuing Lenders to cash collateralize Obligations in respect of Facility Letters of Credit, (y) subject to Section 2A.9 or 2.22, amounts used to cash collateralize the aggregate amount of interest attributable Facility Letters of Credit pursuant to this clause (iv) shall be used to satisfy drawings under such Facility Letters of Credit as they occur and (z) upon the expiration of any Facility Letter of Credit (without any pending drawings), the pro rata share of cash collateral shall be distributed 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 amountother Obligations, if any, received as principal first to in 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) order set forth 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 Administrative Agent shall have the right to set-off against such sums any amounts due from such Defaulting Lender).this Section 2.20;
Appears in 2 contracts
Samples: Credit Agreement (Curbline Properties Corp.), Credit Agreement (SITE Centers 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 Section 4.1;
(iii) 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 an Issuing Bank, to the payment of the Facility Fee and Facility Letter of Credit Fee to the Lenders, if then due, in accordance with their Percentages and to the payment of the Administrative Agent's Fee all fees to the Administrative Agent if then dueand Competitive Bid Option Agent, on a pro rata basis;
(aiv) first to interest until paid in case the entire unpaid full and then to 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 for all Swing Line Lenders (other than a Defaulting LenderLenders) as their respective Percentages appear (except with respect to the extent there are Swing Line Loans or Competitive Bid Loans outstanding in which event the full amount of interest attributable to the until such Swing Line Loans and Competitive Bid Loans shall be payable to the Swing Line Lender and Competitive Bid Lendersare paid in full, respectively, unless the Swing Line Lender or Competitive Bid Lender shall be on a Defaulting Lender), together pro rata basis in accordance 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 percentage of total outstanding Swing Line Loans made by each Swing Line Lender;
(v) first to interest until paid in full and then to principal for all Lenders (other than Defaulting Lenders) with respect to Senior Loans until such Senior Loans are paid in full, on a pro rata basis in accordance with the respective Percentages of the Lenders as their unless an Event of Default exists or, if an Event of Default exists, on a pro rata basis in accordance with the respective Funded Percentages appear, of such Lenders;
(vi) first to interest until paid in full and then to principal for all Lenders (a) 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 on a pro rata basis in accordance with the respective Percentages of the Lenders) or (b) if an Event of Default exists, on a pro rata basis in case accordance with 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 of the Letter of Credit Collateral Account until the full amount of Facility Letter of Credit Obligations is on deposit thereinLenders; and
(vvii) to the payment of any other sums due to each Defaulting Lender as their respective Percentages appear (provided that the Administrative Agent shall have or any Lender under any of the right to set-off against such sums any amounts due from such Defaulting Lender)Loan Documents.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Rouse Company)
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 amounts due to the Lenders in accordance with SECTION 4.1Article 4;
(iii) 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 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 ’s Fee to the Administrative Agent if then due;
(iv) (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 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 (Centerpoint Properties Trust)
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(bSection 2A.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing BankLender, to the payment of the Facility Fee to the Lenders, if then due, in accordance with their Percentages and to the payment of all fees to the Administrative Agent's Fee to the Administrative Agent if then due;
(aiv) in case the entire unpaid principal to payment of the Facility shall not have become due and payable, the whole full amount received as of interest and principal on the Swingline Loans;
(v) first to interest and the 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 until paid 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 LenderLenders)
(i) as their 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 appear of the 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 Facility Letter of Credit Obligations LC Exposures is on deposit therein;
(vi) any other sums due to the Administrative Agent or any Lender under any of the Loan Documents; and
(vvii) 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 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) first, to the payment of all reasonable costs incurred in that portion of the collection of such moneys of which Obligations constituting fees, indemnities, expenses and other amounts payable to the Administrative Agent shall have given notice (including fees and disbursements and other charges of counsel to the BorrowerAdministrative Agent payable under Section 9.7 and amounts pursuant to Section 2.7 payable to the Administrative Agent in its capacity as such);
(ii) second, 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 that portion of the Facility Fee to the LendersObligations constituting fees, if then dueexpenses, indemnities and other amounts (other than principal, reimbursement obligations in accordance with their Percentages and to the payment respect 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 payableLC Disbursements, the whole amount received as interest and Facility Letter of Credit Fee then due fees) payable to the Lenders and the Issuing Lenders (including fees and disbursements and other than a Defaulting Lendercharges of counsel to the Lenders and the Issuing Lenders payable under Section 9.7) as their arising under the Loan Documents, ratably among them in proportion to the respective Percentages appear amounts described in this clause (except ii) payable to them;
(iii) third, to payment of that portion of the Obligations constituting accrued and unpaid Facility Letter of Credit fees and charges and interest on the Loans and unreimbursed LC Disbursements, ratably among the Lenders and the Issuing Lenders in proportion to the respective amounts described in this clause (iii) payable to them;
(iv) fourth, (A) to payment of that portion of the Obligations constituting unpaid principal of the Loans and unreimbursed LC Disbursements and (B) to cash collateralize that portion of LC Exposure comprising the undrawn amount of Facility Letters of Credit to the extent there are Swing Line Loans not otherwise cash collateralized by the Borrower pursuant to Section 2A.9 or Competitive Bid Loans outstanding 2.27, ratably among the Lenders and the Issuing Lenders in which event proportion to the full respective amounts described in this clause (iv) payable to them; provided that (x) any such amounts applied pursuant to subclause (B) above shall be paid to the Administrative Agent for the ratable account of the applicable Issuing Lenders to cash collateralize Obligations in respect of Facility Letters of Credit, (y) subject to Section 2A.9 or 2.27, amounts used to cash collateralize the aggregate amount of interest attributable Facility Letters of Credit pursuant to this clause (iv) shall be used to satisfy drawings under such Facility Letters of Credit as they occur and (z) upon the expiration of any Facility Letter of Credit (without any pending drawings), the pro rata share of cash collateral shall be distributed 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 amountother Obligations, if any, received as principal first to in 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) order set forth 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 Administrative Agent shall have the right to set-off against such sums any amounts due from such Defaulting Lender).this Section 2.24;
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, 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 4.1Section 3.1;
(iii) to the payment of any fee due pursuant to SECTION 3.8(bSection 2A.8(b) in connection with the issuance of a Facility Letter of Credit to the Issuing BankLender, to the payment of the Facility Fee to the Lenders, if then due, in accordance with their Percentages and to the payment of all fees to the Administrative Agent's Fee to the Administrative Agent if then due;
(aiv) in case the entire unpaid principal to payment of the Facility shall not have become due and payable, the whole full amount received as of interest and principal on the Swingline 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 a Defaulting Lenderi) as their respective Percentages appear allocated by the Borrower (except to unless a Default exists) among the extent there are Swing Line Loans or Facilities and between Competitive Bid Loans outstanding and ratable Borrowings (the amount allocated to ratable Borrowings under either of the Facilities to be distributed 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 accordance with the whole amount, if any, received as principal first to applicable pro rata shares of the Swing Line Lender, unless the Swing Line Lender shall be a Defaulting Lender, to repay any outstanding Swing Line Loans and then to amounts of the Lenders as their for the applicable Facility) or (ii) if a Default exists, in accordance with the 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 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 Facility Letter of Credit Obligations LC Exposures is on deposit therein; and
(vvi) to the payment of any other sums due to each Defaulting Lender as their respective Percentages appear (provided that the Administrative Agent shall have or any Lender under any of the right to set-off against such sums any amounts due from such Defaulting Lender)Loan Documents.
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 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 Commitment 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 Loan 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, respectivelyLender, 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 Loan 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 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 (Centerpoint Properties 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 the Lenders in accordance with SECTION Section 4.1;
(iii) 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 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 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 (Centerpoint Properties Trust)