Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by the Borrower towards satisfaction of the Borrower’s obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 2 contracts
Samples: Term Facility Agreement (James Hardie Industries Se), 364 Day Facility Agreement (James Hardie Industries N.V.)
Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by the Borrower towards satisfaction of the Borrower’s 's obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 2 contracts
Samples: 364 Day Facility Agreement (Hardie James Industries Nv), Term Facility Agreement (Hardie James Industries Nv)
Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by the each Borrower towards satisfaction of the Borrower’s obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 2 contracts
Samples: Bullet Facility Agreement (Hardie James Industries Nv), Bullet Facility Agreement (Hardie James Industries Nv)
Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by [the / each] Borrower towards satisfaction of the Borrower’s obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 1 contract
Samples: Bullet Facility Agreement (James Hardie Industries Se)