Common use of Application of Payments and Prepayments Clause in Contracts

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.

Appears in 2 contracts

Samples: Credit Agreement (Bracknell Corp), Credit Agreement (Bracknell Corp)

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Application of Payments and Prepayments. (1) All repayments Each repayment or prepayments prepayment received by the Administrative Agent pursuant to Sections 2.04 and 2.05 in respect of the Commitment Section 2.05, Section 2.06 or otherwise shall be applied by the Administrative Agent to the amounts due pursuant repayment of Accommodations Outstanding under the Credit Facility to Sections 2.04(2) and 2.04(3), as the case may be, each Lender in the inverse order of their maturityaccordance with its Applicable Percentage thereof. (2) All amounts received by the Administrative Agent from or on behalf of a Borrower and that are to be applied by the Borrower Administrative Agent to the Accommodations Outstanding and other amounts payable to the Administrative Agent and the Lenders under the Credit Documents 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 ’s obligation to pay any unpaid interest and any Fees which are due and owing, ; (ii) second, in reduction of the Borrower's obligations ’s obligation to pay any claims or losses referred to in Section 11.06, Sections 9.01 and 9.02; (iii) third, in reduction of the Borrower's obligations ’s obligation to pay any amounts due and owing on account of any unpaid principal amount of Advances which is are due and owing, (iv) fourth, in reduction of the Borrower's obligations to pay owing and any other unpaid Accommodations Outstanding which are due and owing, ; (viv) fifthfourth, in reduction of any other obligation of the Borrower Borrowers under this Agreement and the other Credit Documents, ; and (viv) sixthfifth, to the Borrower Borrowers or such other Persons as may lawfully be entitled to or directed to receive the remainder.

Appears in 1 contract

Samples: Credit Agreement (Entertainment Properties Trust)

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 ’s obligation to pay any unpaid interest and any Fees which are due and owing, ; (ii) second, in reduction of the Borrower's obligations ’s obligation to pay any claims or losses referred to in Section 11.06, 10.06; (iii) third, in reduction of the Borrower's obligations ’s obligation to pay any amounts due and owing on account of any unpaid principal amount of Advances which is are due and owing, ; (iv) fourth, in reduction of the Borrower's obligations ’s obligation to pay any other unpaid Accommodations Outstanding which are due and owing, owing under the Tranche A Credit Facility; (v) fifth, in reduction of the Borrower’s obligation to pay any other unpaid Accommodations Outstanding which are due and owing under the Tranche B Credit Facility; (vi) sixth, in reduction of any other obligation of the Borrower under this Agreement and the other Credit Loan Documents, ; and (vivii) sixthseventh, to the Borrower or such other Persons as may lawfully be entitled to or directed to receive the remainder.

Appears in 1 contract

Samples: Senior Secured Credit and Guarantee Agreement (Open Text Corp)

Application of Payments and Prepayments. (1) All repayments or prepayments received by the Administrative Agent Each prepayment pursuant to Sections 2.04 and 2.05 Section 2.06(2), Section 2.06(3), Section 2.06(4), Section 2.06(5), Section 2.06(6), Section 2.06(7) or, in respect the case of the Commitment Term Loan Facility, Section 2.07(1) on or prior to the sixth anniversary of the Closing Date shall be applied by the Administrative Agent rateably to the amounts due repayments pursuant to Sections 2.04(2) and 2.04(3Section 2.05(4), 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 a 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 ’s obligation to pay any unpaid interest and any Fees which are due and owing, ; (ii) second, in reduction of the Borrower's obligations ’s obligation to pay any claims or losses referred to in Section 11.06, 16.01; (iii) third, in reduction of the Borrower's obligations ’s obligation to pay any amounts due and owing on account of any unpaid principal amount of Advances which is are due and owing, ; (iv) fourth, in reduction of the Borrower's obligations ’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, ; and (vi) sixth, to the applicable Borrower or such other Persons as may lawfully be entitled to or directed by a Borrower to receive the remainder.

Appears in 1 contract

Samples: Credit Agreement (Open Text Corp)

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Application of Payments and Prepayments. (1) All repayments or prepayments received by the Administrative Agent Subject to paragraph (2) hereof, each prepayment pursuant to Sections 2.04 Section 2.05 and 2.05 Section 2.06 in respect of the Commitment Term Facility B shall be applied by the Administrative Agent to the amounts due instalments pursuant to Sections 2.04(2) and 2.04(3), as the case may be, Section 2.04 in the inverse order of their maturity, subject to paying the applicable breakage costs (as contemplated by Section 12.06) if any Libor Advance is prepaid. (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 obligation to pay any amounts owing to the Administrative Agent; (ii) second, 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 obligations to pay any claims or losses referred to in Section 11.06, ; (iii) third, in reduction of the Borrower's obligations obligation to pay any Claims or Losses referred to in Sections 12.06; (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 Accommodations Outstanding or amounts under Hedging Agreements which is are due and owing, ; (ivv) fourthfifth, in reduction of the Borrower's obligations obligation to pay any other unpaid Accommodations Outstanding amounts which are due and owing, owing to the Lenders; (vvi) fifthsixth, in reduction of any other obligation of the Borrower under this Agreement and the other Credit Documents, ; and (vivii) sixthseventh, to the Borrower or such other Persons as may lawfully be entitled to or directed to receive the remainder.

Appears in 1 contract

Samples: Credit Agreement (Sun Media Corp)

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