Common use of Application of Payments Before Exercise of Rights Clause in Contracts

Application of Payments Before Exercise of Rights. Subject to the provisions of this Agreement, all payments made by or on behalf of a Borrower before the exercise of any rights arising under Section 11.2, or otherwise, shall be paid to the Administrative Agent and distributed among the Credit Facility Lenders in accordance with their respective Rateable Portions (or, as the case may be, to or among the Administrative Agent, the Credit Facility Lender or the Credit Facility Lenders to whom those payments are owing by such Borrower) in each instance, as applicable, in the following order: (a) firstly, in payment of any amounts due and payable as and by way of agency fees owing to the Administrative Agent for its services provided hereunder; (b) secondly, in payment of any amounts due and payable as and by way of recoverable expenses hereunder; (c) thirdly, in payment of any interest, other fees, or default interest then due and payable on or in respect of the Advances; (d) fourthly, in respect of payment by the Revolving Facility Borrowers, in the non-permanent repayment of any principal amounts of the Advances due under the Revolving Facility, and (e) fifthly, in payment of any other amounts then due and payable by such Borrower hereunder or in connection herewith.

Appears in 2 contracts

Samples: Credit Agreement (Quebecor Media Inc), Credit Agreement (Quebecor Media Inc)

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Application of Payments Before Exercise of Rights. Subject to the provisions of this Agreement, all payments made by or on behalf of a the Borrower on account of the Obligations before the exercise of any rights arising under Section 11.2, 10.2 or otherwise, shall be paid to the Administrative Agent and distributed among to the Credit Facility Lenders in accordance with their respective Rateable Portions Portion (or, as the case may be, to or among the Administrative Agent, the Credit Facility Lender or the Credit Facility Lenders to whom those payments are owing by such Borrowerowing) in each instance, as applicable, instance in the following order: (a) firstly, in payment of any amounts due and payable as and by way of agency fees Agency Fees owing to the Administrative Agent for its services provided hereunder; (b) secondly, in a payment of any amounts other amount due and payable as and by way of recoverable expenses hereunder; (c) thirdly, in payment of any interest, other fees, or default interest then due and payable on or in respect of the Advances; (d) fourthly, in respect of payment by the Revolving Facility Borrowers, in the non-permanent repayment of any principal amounts of the Advances due under to the Revolving Facility, Lenders; and (e) fifthly, in payment of any other amounts then due and payable by such the Borrower hereunder or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Tricon Residential Inc.)

Application of Payments Before Exercise of Rights. Subject to the provisions of this Agreement, all payments made by or on behalf of a Borrower the Borrowers before the exercise of any rights arising under Section 11.210.2, or otherwise, shall be paid paid, as applicable, (i) to the US Administrative Agent in respect of Facility B, and (ii) to the Agent in respect of Facility A, Facility C, Facility D and Facility E, and distributed among the Credit Facility Lenders pro rata in accordance with their respective Rateable Portions (or, as the case may be, to or among the Administrative Agent, the Credit Facility US Administrative Agent the Lender or the Credit Facility Lenders to whom those payments are owing by such Borrowerowing) in each instance, as applicable, instance in the following order: (a) firstly, in payment of any amounts due and payable as and by way of agency fees owing to the Agent, the US Administrative Agent or the US Security Agent for its services provided hereunderhereunder or in connection herewith; (b) secondly, in payment of any amounts due and payable as and by way of recoverable expenses hereunderhereunder or in connection herewith; (c) thirdly, in payment of any interest, other fees, or default interest then due and payable on or in respect of the Advances; (d) fourthly, in respect of payment by the Revolving Facility Borrowers, in the non-permanent repayment of any principal amounts of the Advances due under the Revolving Facility, Advances; and (e) fifthly, in payment of any other amounts then due and payable by such Borrower the Borrowers hereunder or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (SunOpta Inc.)

Application of Payments Before Exercise of Rights. Subject to the provisions of this Agreement, all payments made by or on behalf of a the Borrower on account of the Obligations before the exercise of any rights arising under Section 11.2, 10.2 or otherwise, shall be paid to the Administrative Agent and distributed among to the Credit Facility Lenders in accordance with their respective Rateable Portions Portion (or, as the case may be, to or among the Administrative Agent, the Credit Facility Lender or the Credit Facility Lenders to whom those payments are owing by such Borrowerowing) in each instance, as applicable, instance in the following order: : (a) firstly, in payment of any amounts due and payable as and by way of agency fees Agency Fees owing to the Administrative Agent for its services provided hereunder; ; (b) secondly, in a payment of any amounts other amount due and payable as and by way of recoverable expenses hereunder; ; (c) thirdly, in payment of any interest, other fees, or default interest then due and payable on or in respect of the Advances; ; (d) fourthly, in respect of payment by the Revolving Facility Borrowers, in the non-permanent repayment of any principal amounts of the Advances due under to the Revolving Facility, and Lenders; and (e) fifthly, in payment of any other amounts then due and payable by such the Borrower hereunder or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Tricon Residential Inc.)

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Application of Payments Before Exercise of Rights. Subject to the provisions of this Agreement, all payments made by or on behalf of a Borrower the Borrowers before the exercise of any rights arising under Section 11.210.2, or otherwise, shall be paid to the Administrative Agent and distributed among the Credit Facility Lenders pro rata in accordance with their respective Rateable Portions (or, as the case may be, to or among the Administrative Agent, the Credit Facility Lender or the Credit Facility Lenders to whom those payments are owing by such Borrowerowing) in each instance, as applicable, instance in the following order: (a) firstly, in payment of any amounts due and payable as and by way of agency fees owing to the Administrative Agent for its services provided hereunderhereunder or in connection herewith; (b) secondly, in payment of any amounts due and payable as and by way of recoverable expenses hereunderhereunder or in connection herewith; (c) thirdly, in payment of any interest, other fees, or default interest then due and payable on or in respect of the Advances; (d) fourthly, in respect of payment by the Revolving Facility Borrowers, in the non-permanent repayment of any principal amounts of the Advances due under the Revolving Facility, Advances; and (e) fifthly, in payment of any other amounts (including for greater certainty the Yield Maintenance Amount) then due and payable by such Borrower the Borrowers hereunder or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (SunOpta Inc.)

Application of Payments Before Exercise of Rights. Subject to the provisions of this Agreement, all payments made by or on behalf of a the Borrower before the exercise of any rights arising under Section 11.210, or otherwise, shall be paid to the Administrative Agent and distributed among the Credit Facility Lenders in accordance with their respective Rateable Portions (or, as the case may be, to or among the Administrative Agent, the Credit Facility Lender or the Credit Facility Lenders to whom those payments are owing by such Borrowerowing) in each instance, as applicable, instance in the following order: (a) firstly, in payment of any amounts due and payable as and by way of agency fees owing to the Administrative Agent for its services provided hereunder; (b) secondly, in payment of any amounts due and payable as and by way of recoverable expenses hereunder; (c) thirdly, in payment of any interest, other fees, or default interest then due and payable on or in respect of the AdvancesSwing Line Loans; (d) fourthly, in payment of any interest, other fees, or default interest then due and payable on or in respect of payment by the Revolving Facility BorrowersAdvances other than Swing Line Loans; (e) fifthly, in the non-permanent repayment of any principal amounts of the Advances due under the Revolving FacilitySwing Line Loans, and then to repayment of principal amounts of other Advances; and (ef) fifthlysixthly, in payment of any other amounts then due and payable by such the Borrower hereunder or in connection herewith.

Appears in 1 contract

Samples: Credit Agreement (Quest Capital Corp)

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