Common use of Application of Payments Generally Clause in Contracts

Application of Payments Generally. Subject to Section 2.12(a) and Section 2.12(c), all payments that would otherwise be allocated to the Lenders pursuant to this Section 2.12 shall be allocated (i) first, to pay Obligations in respect of any cost or expense reimbursements, fees or indemnities then due to the Administrative Agent, (ii) second, to pay accrued and unpaid interest and fees due and payable to the Lenders, (iii) third, to pay the outstanding principal amount of Swing Loans, (iv) fourth, to pay the outstanding principal amount of Revolving Loans allocated ratably based on each Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Working Capital Loans and (vi) sixth, to pay any other Obligations then due and payable. If sufficient amounts are not available to repay all outstanding Obligations described in any priority level set forth in this Section 2.12, the available amounts shall be applied, unless otherwise expressly specified herein, to such Obligations ratably based on the proportion of the Secured Parties’ interest in such Obligations. Any priority level set forth in this Section 2.12 that includes interest shall include all such interest, whether or not accruing after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or similar proceeding, and whether or not a claim for post-filing or post-petition interest is allowed in any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Rush Enterprises Inc \Tx\)

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Application of Payments Generally. Subject to Section 2.12(a) and Section 2.12(c), all payments that would otherwise be allocated to the Lenders pursuant to this Section 2.12 All repayments of any Loans shall be allocated (i) applied first, to pay Obligations in respect repay such Loans outstanding as ABR Loans or Loans subject to a fixed rate of interest and then, to repay such Loans outstanding as Eurodollar Loans, with those Eurodollar Loans having earlier expiring Interest Periods being repaid prior to those having later expiring Interest Periods. Each optional prepayment on account of principal of and interest on the Loans pursuant to Section 2.7 shall be applied to any cost or expense reimbursementsinstallments thereof as the Borrower shall determine. Each mandatory prepayment on account of principal of and interest on the Loans pursuant to Sections 2.8(a), fees or indemnities then due (b), (c) and (d) shall be applied first, to the Administrative Agent, (ii) payment required to be made on the Maturity Date and second, to pay accrued and unpaid interest and fees due and payable to the Lenders, (iii) third, to pay the outstanding remaining scheduled installments of principal amount in inverse order of Swing Loans, (iv) fourth, to pay the outstanding principal amount of Revolving Loans allocated ratably based on each Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Working Capital Loans and (vi) sixth, to pay any other Obligations then due and payablematurity. If sufficient amounts are not available to repay pay in cash all outstanding Obligations described in any priority level set forth in this Section 2.12Section, the available amounts shall be applied, unless otherwise expressly specified herein, to such Obligations ratably based on the proportion of the Secured Parties’ interest in such Obligations. Any priority level set forth in this Section 2.12 that includes interest shall include all such interest, whether or not accruing after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or similar proceeding, and whether or not a claim for post-filing or post-petition interest is allowed in any such proceeding. While an Event of Default is continuing, any payments or prepayments received by Administrative Agent shall be applied under Section 2.14(g).

Appears in 1 contract

Samples: Term Loan Agreement (Genesis Healthcare, Inc.)

Application of Payments Generally. Subject to Section 2.12(a) and Section 2.12(c), all All payments that would otherwise be allocated to the Lenders pursuant to this Section 2.12 shall instead be allocated (i) first, to pay Obligations in respect repay interest on any portion of the Revolving Loans that the Administrative Agent may have advanced on behalf of any cost or expense reimbursementsLender, fees or indemnities then due to in each case for which the Administrative AgentAgent has not then been reimbursed by such Lender or the Borrower, (ii) second, to pay accrued and unpaid interest and fees due and payable to the Lenders, (iii) third, second to pay the outstanding principal amount of Swing the foregoing obligations and third, to repay the Revolving Loans. All repayments of any Revolving Loans shall be applied first, to repay such Revolving Loans outstanding as Base Rate Loans and then, to repay such Revolving Loans outstanding as Eurodollar Rate Loans, (iv) fourth, with those Eurodollar Rate Loans having earlier expiring Interest Periods being repaid prior to pay the outstanding principal amount of Revolving Loans allocated ratably based on each Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Working Capital Loans and (vi) sixth, to pay any other Obligations then due and payablethose having later expiring Interest Periods. If sufficient amounts are not available to repay all outstanding Obligations described in any priority level set forth in this Section 2.12, the available amounts shall be applied, unless otherwise expressly specified herein, to such Obligations ratably based on the proportion of the Secured Parties’ interest in such Obligations. Any priority level set forth in this Section 2.12 that includes interest shall include all such interest, whether or not accruing after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or similar proceeding, and whether or not a claim for post-filing or post-petition interest is allowed in any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Parlux Fragrances Inc)

Application of Payments Generally. Subject to Section 2.12(a) and Section 2.12(c), all payments that would otherwise be allocated to the Lenders pursuant to this Section 2.12 All repayments of any Loans shall be allocated (i) applied first, to pay Obligations in respect repay such Loans outstanding as ABR Loans or Loans subject to a fixed rate of interest and then, to repay such Loans outstanding as Eurodollar Loans, with those Eurodollar Loans having earlier expiring Interest Periods being repaid prior to those having later expiring Interest Periods. Each optional prepayment on account of principal of and interest on the Loans pursuant to Section 2.7 shall be applied to any cost or expense reimbursements, fees or indemnities then due installments thereof as the Borrowers shall determine. Each mandatory prepayment on account of principal of and interest on the Loans pursuant to (x) Sections 2.8(a) and (c) shall be applied to the Administrative Agent, (ii) second, to pay accrued and unpaid interest and fees due and payable to the Lenders, (iii) third, to pay the outstanding next succeeding scheduled installments of principal amount in direct order of Swing Loans, (iv) fourth, to pay the outstanding principal amount of Revolving Loans allocated ratably based on each Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Working Capital Loans maturity and (viy) sixth, to pay any other Obligations then due and payableSection 2.8(b) shall be applied pro rata among the remaining scheduled installments of principal. If sufficient amounts are not available to repay pay in cash all outstanding Obligations described in any priority level set forth in this Section 2.12Section, the available amounts shall be applied, unless otherwise expressly specified herein, to such Obligations ratably based on the proportion of the Secured Parties’ interest in such Obligations. Any priority level set forth in this Section 2.12 that includes interest shall include all such interest, whether or not accruing after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or similar proceeding, and whether or not a claim for post-filing or post-petition interest is allowed in any such proceeding. While an Event of Default is continuing, any payments or prepayments received by Administrative Agent shall be applied under Section 2.14(g).

Appears in 1 contract

Samples: Term Loan Agreement (Genesis Healthcare, Inc.)

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Application of Payments Generally. Subject to Section 2.12(a) and Section 2.12(c), all payments that would otherwise be allocated to the Lenders pursuant to this Section 2.12 All repayments of any Loans shall be allocated (i) applied first, to pay Obligations in respect of any cost or expense reimbursements, fees or indemnities then due to the Administrative Agent, (ii) secondrepay such Loans outstanding as Base Rate Loans and then, to pay accrued and unpaid interest and fees due and payable repay such Loans outstanding as Eurodollar Rate Loans, with those Eurodollar Rate Loans having earlier expiring Interest Periods being repaid prior to those having later expiring Interest Periods. All repayments of Loans shall be applied to reduce the Lenders, (iii) third, to pay the remaining installments of such outstanding principal amount amounts of Swing Loans, (iv) fourth, to pay the outstanding principal amount Loans in the inverse order of Revolving Loans allocated ratably based on each Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Working Capital Loans and (vi) sixth, to pay their maturities unless otherwise provided in any other Obligations then due and payableLoan Document. If sufficient amounts are not available to repay all outstanding Secured Obligations described in any priority level set forth in this Section 2.122.9, the available amounts shall be applied, unless otherwise expressly specified herein, to such Secured Obligations ratably based on the proportion of the Secured Parties' interest in such Secured Obligations. Any priority level set forth in this Section 2.12 2.9 that includes interest shall include all such interest, whether or not accruing after the filing of any petition in bankruptcy or the commencement of any insolvency, reorganization or similar proceeding, and whether or not a claim for post-filing or post-petition interest is allowed in any such proceeding.

Appears in 1 contract

Samples: Credit Agreement (Cinedigm Digital Cinema Corp.)

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