Common use of APPLICATION OF MONIES COLLECTED Clause in Contracts

APPLICATION OF MONIES COLLECTED. Subject to the terms of the Intercreditor Agreement, and Section 9.20 hereof, any monies collected by or on behalf of a Holder pursuant to this Article V shall be applied in the following order: First, to reimbursement of expenses and indemnities provided in Section 6.7 of this Indenture, the Agreement, the Value Partners Agreement, the Notes, the Convertible Notes and the Collateral Documents; Second, in case the principal of the Notes then Outstanding shall not have become due and be unpaid, to the payment of interest on the Notes in default in the order of the maturity of the installments of such interest, with interest upon the overdue installments of interest at the rate then borne by the Notes, such payments to be made ratably to the Holders entitled thereto; Third, in case the principal of the Notes then Outstanding shall have become due, by declaration or otherwise, and be unpaid, to the payment of the whole amount then owing and unpaid upon the Notes for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and upon overdue payments of interest at the rate then borne by the Notes, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest; and Fourth, to the payment of the remainder, if any, to the Company or any other Person lawfully entitled thereto.

APPLICATION OF MONIES COLLECTED. Subject to the terms of the Intercreditor Agreement, Agreement and Section 9.20 4.20 hereof, any monies collected by or on behalf of a Holder pursuant to this Article V shall be applied in the following order: First, to reimbursement of expenses and indemnities provided in Section 6.7 of this Indenture, the Agreement, the Value Partners Exchange Agreement, the Notes, the Convertible Exchange Notes and the Collateral Documents; Second, in case the principal of the Outstanding Notes then Outstanding shall not have become due and be unpaid, to the payment of interest on the Notes in default in the order of the maturity of the installments of such interest, with interest upon the overdue installments of interest at the rate then borne by the Notes, such payments to be made ratably to the Holders entitled thereto; Third, in case the principal of the Outstanding Notes then Outstanding shall have become due, by declaration or otherwise, and be unpaid, to the payment of the whole amount then owing and unpaid upon the Notes for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and upon overdue payments of interest at the rate then borne by the Notes, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest; and Fourth, to the payment of the remainder, if any, to the Company or any other Person lawfully entitled thereto.

APPLICATION OF MONIES COLLECTED. Subject to the terms of the Intercreditor Agreement, and Section 9.20 hereof, any Any monies collected by or on behalf of a Holder pursuant to this Article V shall be applied in the following order: First, to reimbursement of expenses and indemnities provided herein and in Section 6.7 of this Indenture, the Agreement, the Value Partners Agreement, the Notes, the Convertible Notes and the Collateral Related Documents; Second, in case the principal of the outstanding Notes then Outstanding shall not have become due and be unpaid, to the payment of interest on the Notes in default in the order of the maturity of the installments of such interest, with interest upon the overdue installments of interest at the rate then borne by the Notes, such payments to be made ratably to the Holders entitled thereto; Third, in case the principal of the outstanding Notes then Outstanding shall have become due, by declaration or otherwise, and be unpaid, to the payment of the whole amount then owing and unpaid upon the Notes for principal and premium, if any, and interest, with interest on the overdue principal and premium, if any, and upon overdue payments of interest at the rate then borne by the Notes, and in case such monies shall be insufficient to pay in full the whole amounts so due and unpaid upon the Notes, then to the payment of such principal and premium, if any, and interest without preference or priority of principal and premium, if any, over interest, or of interest over principal and premium, if any, or of any installment of interest over any other installment of interest, or of any Note over any other Note, ratably to the aggregate of such principal and premium, if any, and accrued and unpaid interest; and Fourth, to the payment of the remainder, if any, to the Company or any other Person lawfully entitled thereto.