Common use of Application of Payments; Waiver Clause in Contracts

Application of Payments; Waiver. Notwithstanding any contrary provision contained in this Agreement or in any of the other Financing Agreements, after the occurrence and during the continuance of a Default or a Matured Default, the Borrower irrevocably waives the right to direct the application of any and all payments at any time received by the Agent from the Borrower, and the Borrower irrevocably agrees that the Agent shall have the continuing exclusive right to apply and reapply any and all payments received at any time or times hereafter against the Liabilities, in such manner as the Agent may deem advisable, notwithstanding any entry by the Agent upon any of the Agent's books and records. 13.14

Appears in 1 contract

Samples: Credit Agreement (Sanfilippo John B & Son Inc)

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Application of Payments; Waiver. Notwithstanding any contrary provision contained in this Agreement or in any of the other Financing Agreements, after the occurrence and during the continuance of a Default or a Matured DefaultDocuments, the Borrower irrevocably waives the right to direct the application of any and all payments at any time or times hereafter received by the Agent from the BorrowerBorrower or with respect to any of the Collateral, and the Borrower irrevocably agrees that the Agent shall have the continuing exclusive right to apply and reapply any and all payments received at any time or times hereafter hereafter, whether with respect to the Collateral or otherwise, against the Liabilities, in such manner as the Agent may deem advisable, notwithstanding any entry by the Agent upon any of the Agent's books and records. 13.14.

Appears in 1 contract

Samples: Credit Agreement (National Beef Packing Co LLC)

Application of Payments; Waiver. Notwithstanding any contrary provision contained in this Agreement or in any of the other Financing Agreements, after the occurrence and during the continuance of a Default or a Matured DefaultDocuments, the Borrower irrevocably waives the right to direct the application of any and all payments at any time or times hereafter received by the Agent from the BorrowerBorrower or with respect to any of the Collateral, and the Borrower irrevocably agrees that the Agent shall have the continuing exclusive right to apply and reapply any and all payments received at any time or times hereafter hereafter, whether with respect to the Collateral or otherwise, against the Liabilities, in such manner as the Agent may deem advisable, notwithstanding any entry by the Agent upon any of the Agent's ’s books and records. 13.14.

Appears in 1 contract

Samples: Credit Agreement (Nb Finance Corp)

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Application of Payments; Waiver. Notwithstanding any contrary provision contained in this Agreement or in any of the other Financing Agreements, after the occurrence and during the continuance of a Default or a Matured Default, the Borrower irrevocably waives the right to direct the application of any and all payments at any time received by the Agent from the BorrowerBorrower or with respect to any of the Collateral, and the Borrower irrevocably agrees that the Agent shall have the continuing exclusive right to apply and reapply any and all payments received at any time or times hereafter hereafter, whether with respect to the Collateral or otherwise, against the Liabilities, in such manner as the Agent may deem advisable, notwithstanding any entry by the Agent upon any of the Agent's books and records. 13.14.

Appears in 1 contract

Samples: Credit Agreement (PSF Group Holdings Inc)

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