Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority: (a) to the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty; (b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and (c) thereafter, to the extent of any excess such payments, to the payment to the applicable Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 3 contracts
Samples: Second Lien Credit Agreement (Transportation Technologies Industries Inc), Credit Agreement (Transportation Technologies Industries Inc), Credit Agreement (Wellman North America Inc)
Application of Payments Under Guaranties. All payments received ---------------------------------------- by the Administrative Agent under any the Subsidiary Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 3 contracts
Samples: Credit Agreement (Hines Horticulture Inc), Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Horticulture Inc)
Application of Payments Under Guaranties. All payments received ---------------------------------------- by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such the Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 2 contracts
Samples: Credit Agreement (Sealy Corp), Credit Agreement (Anthony Crane Holdings Capital Corp)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 2 contracts
Samples: Credit Agreement (Prime Succession Inc), Credit Agreement (Rose Hills Co)
Application of Payments Under Guaranties. All payments ---------------------------------------- received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess of such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess of such payments, to the payment to the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 2 contracts
Samples: Credit Agreement (Aurora Foods Inc), Credit Agreement (Aurora Foods Inc /De/)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess of such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess of such payments, to the payment to the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 2 contracts
Samples: Credit Agreement (Aurora Foods Inc /De/), Credit Agreement (Aurora Foods Inc /Md/)
Application of Payments Under Guaranties. All payments received ---------------------------------------- by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation all reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to the applicable Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 2 contracts
Samples: Credit Agreement (Chippac LTD), Credit Agreement (Chippac Inc)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Guaranteed Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever whomsoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Dominos Inc)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty of the Guaranties shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Blackbaud Inc)
Application of Payments Under Guaranties. All payments received by the ----------------------------------------- Administrative Agent under any Guaranty the Guaranties shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such GuarantyGuaranties, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess of such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereofthereof in accordance with the terms of the Intercreditor Agreement; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Optel Inc)
Application of Payments Under Guaranties. (i) All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;.
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to the Company or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Application of Payments Under Guaranties. All payments received ---------------------------------------- by the Administrative Agent under any Guaranty of the Guaranties shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Digitas Inc)
Application of Payments Under Guaranties. All payments ---------------------------------------- received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) Guaranty for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Wec Co)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess of such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess of such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Aurora Foods Inc)
Application of Payments Under Guaranties. All payments ---------------------------------------- received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such the Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Sealy Corp)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty of the Guaranties shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guarantyany of the Guaranties, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) and thereafter, to the extent of any excess such payments, to the payment to the applicable Subsidiary Guarantor or the applicable Affiliated Stockholder or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all reasonable expenses, liabilities and advances made or incurred by the Administrative Administra tive Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Parent or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (CFP Holdings Inc)
Application of Payments Under Guaranties. All payments received ---------------------------------------- by the Administrative Agent under any Guaranty the Guaranties shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such GuarantyGuaranties, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess of such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereofthereof in accordance with the terms of the Intercreditor Agreement; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Revolving Credit Agreement (Anthony Crane Holdings Capital Corp)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such the Subsidiary Guaranty) or Indebtedness (as defined in the U.K. Guarantee and Debenture), as applicable, for the ratable benefit of the holders thereofAgents, Lenders and Lender Counterparties; and
(c) thereafter, to the extent of any excess such payments, to the payment to the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Mitel Corp)
Application of Payments Under Guaranties. All payments ----------------------------------------- received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever whomsoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Dominos Pizza Government Services Division Inc)
Application of Payments Under Guaranties. All payments received by the ---------------------------------------- Administrative Agent under any Guaranty of the Guaranties shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guarantyany of the Guaranties, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Price Communications Wireless Inc)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty the Guaranties after the occurrence of an Event of Default shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such the Guaranty, including without limitation reasonable compensation out-of-pocket costs and expenses to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such the Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to the applicable Guarantor guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Application of Payments Under Guaranties. All payments received ---------------------------------------- by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation all reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to the applicable Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Microclock Inc)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to the applicable Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (DMW Worldwide Inc)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty the Guaranties shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such GuarantyGuaranties, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess of such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereofthereof in accordance with the terms of the Intercreditor Agreement; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Anthony Crane Rental Holdings Lp)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever whomsoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Dominos Inc)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any either Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such the Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent and its agents and counsel in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (Sealy Corp)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
Samples: Credit Agreement (MBW Foods Inc)
Application of Payments Under Guaranties. All payments received by the Administrative Agent under any Guaranty shall be applied promptly from time to time by the Administrative Agent in the following order of priority:
(a) to To the payment of the reasonable costs and expenses of any collection or other realization under such Guaranty, including without limitation reasonable compensation to the Administrative Agent and its agents and counsel, and all expenses, liabilities and advances made or incurred by the Administrative Agent in connection therewith, all in accordance with the terms of this Agreement and such Guaranty;
(b) thereafter, to the extent of any excess such payments, to the payment of all other Guarantied Obligations (as defined in such Guaranty) for the ratable benefit of the holders thereof; and
(c) thereafter, to the extent of any excess such payments, to the payment to Holdings or the applicable Subsidiary Guarantor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.
Appears in 1 contract
