Application of Payments and Prepayments. (a) Prepayments on the Term Loans, including without limitation, prepayments in accordance with Sections 2.3(a) hereof, shall be applied to payment of the aggregate unpaid principal amounts of the Term Notes in inverse order of maturity, with the balance of any such prepayments, if any, being applied to accrued interest. Payments of accrued interest on each Term Note in accordance with Section 2.4(c) hereof shall be applied to the aggregate accrued interest then outstanding under the Term Notes. Payments of regularly scheduled installments of principal on each Term Note in accordance with Section 2.4(b) hereof shall be applied to the aggregate principal amount outstanding under the Term Notes in direct order of maturity, while payment by the Borrower of the aggregate principal amount outstanding under the Term Notes on the Term Loan Maturity Date shall be applied to principal.
(b) All payments remitted to the Agent, and, absent the existence of an Event of Default, all such payments not relating to principal or interest of specific Term Loans, or not constituting payment of specific fees or other specific Obligations, and all proceeds of Collateral received by the Agent, shall be applied, ratably, subject to the provisions of this Agreement, first, to pay any fees, indemnities or expense reimbursements then due to the Agent hereunder; second, to pay any fees or expense reimbursements then due to the Lenders from any Credit Party; third, to pay interest due in respect of all Term Loans; fourth, to pay or prepay principal of the Term Loans; and fifth, to the payment of any other Obligation due to the Agent or any Lender. Notwithstanding anything to the contrary contained in this Agreement, unless so directed by the Borrower, or unless an Event of Default has occurred and is continuing, neither the Agent nor any Lender shall apply any payments which it receives to any LIBOR Borrowing, except (a) on the expiration date of the Interest Period applicable to any such LIBOR Borrowing, or (b) in the event, and only to the extent, that there are no outstanding Alternate Base Rate Borrowings and the Borrower has consented to such application.
(c) Each payment or prepayment received by the Agent hereunder or under any Term Note for the account of a Lender shall be paid promptly to such Lender, in immediately available funds.
(d) All sums payable by the Borrower to the Agent hereunder or pursuant to the Term Notes or any of the other Loan Documents for its own account ...
Application of Payments and Prepayments. (1) Subject to Section 10.03, all amounts received by the Agent from or on behalf of the Borrower and not previously applied pursuant to this Agreement shall be applied by the Agent as follows (i) first, in reduction of the Borrowers’ obligations to pay any unpaid expenses of the Agent; (ii) second, in reduction of the Borrowers’ obligations to pay any unpaid interest and any Fees which are due and owing; (iii) third, in reduction of the Borrowers’ obligations to pay any claims or losses referred to in Section 17.01; (iv) fourth, in reduction of the Borrowers’ obligations to pay any amounts due and owing on account of any unpaid principal amount of Advances which are due and owing; (v) fifth, in reduction of the Borrowers’ obligations to pay any other unpaid Accommodations Outstanding which are due and owing; (vi) sixth, in reduction of any other obligation of the Borrowers under this Agreement and the other Loan Documents; and (vii) seventh, to the Borrowers or such other Persons as may lawfully be entitled to or directed to receive the remainder.
Application of Payments and Prepayments. (1) All repayments or prepayments received by the Administrative Agent pursuant to Sections 2.04 and 2.05 in respect of the Commitment shall be applied by the Administrative Agent to the amounts due pursuant to Sections 2.04(2) and 2.04(3), as the case may be, in the inverse order of their maturity.
(2) All amounts received by the Administrative Agent from or on behalf of the Borrower and not previously applied pursuant to this Agreement or any other Credit Document shall be applied by the Administrative Agent as follows (i) first, in reduction of the Borrower's obligations to pay any unpaid interest and any Fees which are due and owing, (ii) second, in reduction of the Borrower's obligations to pay any claims or losses referred to in Section 11.06, (iii) third, in reduction of the Borrower's obligations to pay any amounts due and owing on account of any unpaid principal amount of Advances which is due and owing, (iv) fourth, in reduction of the Borrower's obligations to pay any other unpaid Accommodations Outstanding which are due and owing, (v) fifth, in reduction of any other obligation of the Borrower under this Agreement and the other Credit Documents, and (vi) sixth, to the Borrower or such other Persons as may lawfully be entitled to or directed to receive the remainder.
Application of Payments and Prepayments. (a) Except as otherwise provided in Sections 2.5(a), (b) and (d) --------------- --- --- hereof, prepayments on the Notes shall be applied to payment of the aggregate unpaid principal amounts of the Notes, with the balance of any such prepayments, if any, being applied to accrued interest. Payments of accrued interest on each Note in accordance with Section 2.6(c) -------------- hereof shall be applied to the aggregate accrued interest then outstanding under the Notes, while payment by the Borrower of the aggregate principal amount outstanding under the Notes on the Termination Date shall be applied to principal.
(b) Except as otherwise provided or specified in Section 2.2(f) -------------- hereof, each payment or prepayment received by the Agent hereunder or under any Note for the account of a Bank shall be paid promptly to such Bank, in immediately available funds.
(c) All sums payable by the Borrower to the Agent hereunder or pursuant to the Notes for its own account or the account of the Banks shall be payable in United States dollars in immediately available funds not later than 11:00 a.m. on the date such payment or prepayment is due and shall be made without set-off, counterclaim or deduction of any kind. Any such payment or prepayment received and accepted by the Agent after 11:00 a.m. shall be considered for all purposes (including the payment of interest, to the extent permitted by law) as having been made on the next succeeding Business Day. All such payments or prepayments shall be made at the Principal Office. If any payment or prepayment becomes due and payable on a day which is not a Business Day, then the date for the payment thereof shall be extended to the next succeeding Business Day and interest shall be payable thereon at the then applicable rate per annum during such extension.
Application of Payments and Prepayments. (1) Each prepayment pursuant to Section 2.06(2), Section 2.06(3), Section 2.06(4), or, in the case of the Term Loan Facility, Section 2.07 shall be applied ratably to the repayments pursuant to Section 2.05(3).
(2) All amounts received by the Administrative Agent from or on behalf of a Borrower and not previously applied pursuant to this Agreement shall be applied by the Administrative Agent as follows (i) first, in reduction of the Borrower’s obligation to pay any unpaid interest and any Fees which are due and owing; (ii) second, in reduction of the Borrower’s obligation to pay any claims or losses referred to in Section 15.01; (iii) third, in reduction of the Borrower’s obligation to pay any amounts due and owing on account of any unpaid principal amount of Advances and obligations arising under Eligible Cash Management Agreements and Eligible Hedging Agreements, in each case which are due and owing; provided that notwithstanding the foregoing, obligations arising under Eligible Cash Management Agreements and Eligible Hedging Agreements shall be excluded from any such application if the Administrative Agent has not received written notice thereof, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Lender, as the case may be; (iv) fourth, in reduction of the Borrower’s obligation to pay any other unpaid Accommodations Outstanding which are due and owing; (v) fifth, in reduction of any other obligation of the Borrower under this Agreement and the other Credit Documents; (vi) sixth, to Cash Collateralize the then Accommodation Outstanding of all Documentary Credit obligations; and (vii) seventh, to the applicable Borrower or such other Persons as may lawfully be entitled to or directed by a Borrower to receive the remainder.
Application of Payments and Prepayments. 26 Section 2.13 Method and Place of Payment........................................................... 26 Section 2.14 Fees.................................................................................. 27 Section 2.15 Interest Rate Unascertainable Increased Costs, Illegality............................. 28 Section 2.16
Application of Payments and Prepayments. 37 Section 2.10 Computations of Interest and Fees..............................................37 Section 2.11
Application of Payments and Prepayments. Prepayments on the Notes shall be applied first to principal, the balance to accrued interest. Regular payments on each Note shall be applied first to accrued interest, the balance to the principal. If the Agent receives funds on a date when payments are due under the Notes and such funds are not sufficient to pay all of the obligations of the Company hereunder then due, then such funds shall be applied (a) first to the accrued interest on and, to the extent then due, principal of the Notes then outstanding, and (b) then to the unpaid expenses of the Agent and the Banks which are to be paid by the Company. Each payment received by the Agent hereunder or under any Note for the account of a Bank shall be paid promptly to such Bank, in immediately available funds. If the Agent fails to send to any Bank the product of such Bank's Commitment Percentage times the aggregate amount of any such payment timely received by the Agent for the account of all the Banks by the close of business on the date such payment was received by the Agent, the Agent shall pay to such Bank interest on such Bank's pro-rata portion of such payment timely received by the Agent from such date of receipt by the Agent to the date that such Bank receives its pro-rata portion of such payment, such interest to accrue at the Federal Funds Rate and to be payable upon written request from such Bank.
Application of Payments and Prepayments. Unless specifically provided otherwise, all payments and prepayments of the Loan, whether voluntary or otherwise, shall be applied first, to unpaid Fees and any Funding Costs, second, to pay any accrued and unpaid interest then payable with respect to the Loan, and third, to pay the outstanding principal amount of the Loan. Payments applied to the outstanding principal amount of the Loan shall if voluntary be applied to the Note and Loan Portions specified by Borrower and if not specified by Borrower, shall be first applied to the Base Rate Portions of the Loan and then to pay the Eurodollar Portions of the Loan being repaid in the order of such Eurodollar Portion's maturity.
Application of Payments and Prepayments. (1) All optional prepayments under the Credit Facility pursuant to Section 2.5 shall be applied by the Administrative Agent to the Aggregate Principal Amount and the other outstanding Obligations.
(2) If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all Obligations then due hereunder then such funds shall be applied (i) first, in reduction of the Borrower’s obligation to pay any unpaid interest and any Fees which are due and owing, (ii) second, in reduction of the Borrower’s obligation to pay any expenses, claims or losses referred to in Section 10.5, (iii) third, in reduction of the Borrower’s obligation to pay any Applicable Premium, and (iv) fourth, in reduction of the Borrower’s obligation to pay any amounts due and owing on account of any unpaid principal amount of Advances and any other unpaid Aggregate Principal Amount which are due and owing.
