Common use of Application of Payments Generally Clause in Contracts

Application of Payments Generally. Subject to Section 2.12(a), Section 2.12(b) 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 C Loans allocated ratably based on each Revolving C Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Revolving B Loans allocated ratably based on each Revolving B Lender’s Pro Rata Share, (vi) sixth, to pay the outstanding principal amount of Revolving A Loans allocated ratably based on each Revolving A Lender’s Pro Rata Share, (vii) seventh, to pay the outstanding principal amount of Working Capital Loans allocated as the Administrative Agent shall determine and (viii) eighth, 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.

Application of Payments Generally. Subject to Section 2.12(a), Section 2.12(b) 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 C Loans allocated ratably based on each Revolving C Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Revolving B Loans allocated ratably based on each Revolving B Lender’s Pro Rata Share, (viv) sixthfifth, to pay the outstanding principal amount of Revolving A Loans allocated ratably based on each Revolving A Lender’s Pro Rata Share, (viivi) seventhsixth, to pay the outstanding principal amount of Working Capital Loans allocated as the Administrative Agent shall determine and (viiivii) eighthseventh, 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.

Application of Payments Generally. Subject to Section 2.12(a), Section 2.12(b) 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 C Loans allocated ratably based on each Revolving C Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Revolving B Working Capital Loans allocated ratably based on each Revolving B Lender’s Pro Rata Shareratably, and (vi) sixth, to pay the outstanding principal amount of Revolving A Loans allocated ratably based on each Revolving A Lender’s Pro Rata Share, (vii) seventh, to pay the outstanding principal amount of Working Capital Loans allocated as the Administrative Agent shall determine and (viii) eighth, 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.

Application of Payments Generally. Subject to Section 2.12(a), Section 2.12(b) 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 C Loans allocated ratably based on each Revolving C Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Revolving B Loans allocated ratably based on each Revolving B Lender’s Pro Rata Share, (viiv) sixthfourth, to pay the outstanding principal amount of Swing Loans, (v) fifth, to pay the outstanding principal amount of Revolving A Loans allocated ratably based on each Revolving A Lender’s Pro Rata Share, (viivi) seventhsixth, to pay the outstanding principal amount of RUSH ENTERPRISES, INC. Working Capital Loans allocated as the Administrative Agent shall determine and (viiivii) eighthseventh, 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.

Application of Payments Generally. Subject to Section 2.12(a), Section 2.12(b) 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 C Loans allocated ratably based on each Revolving C Lender’s Pro Rata Share, (v) fifth, to pay the outstanding principal amount of Revolving B Working Capital Loans allocated ratably based on each Revolving B Lender’s Pro Rata Shareratably, and (vi) sixth, to pay the outstanding principal amount of Revolving A Loans allocated ratably based on each Revolving A Lender’s Pro Rata Share, (vii) seventh, to pay the outstanding principal amount of Working Capital Loans allocated as the Administrative Agent shall determine and (viii) eighth, 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.. FOURTH AMENDED AND RESTATED CREDIT AGREEMENT RUSH ENTERPRISES, INC. 33