Application of Prepayments by Type of Loans. Any voluntary prepayments of Term Loans pursuant to SECTION 2.10 and any mandatory prepayment of any Term Loan pursuant to SECTION 2.11 shall be applied as follows: first, to the payment of all due and unpaid expenses and fees to the full extent thereof; second, to the payment of any accrued interest at the Current Rate; third, to the payment of any accrued interest at the Default Rate, if any; fourth, to the payment of the Prepayment Premium and Yield Maintenance Premium, if either is applicable, on any Term Loan; fifth, except in connection with any Waivable Mandatory Prepayment in SECTION 2.12(b), to prepay the Term Loans on a pro rata basis (in accordance with the respective outstanding principal amounts thereof) and shall be further applied in inverse order of maturity to reduce the remaining scheduled Installments of principal of the Term Loan; and sixth, to the payment of any other amounts due to the Agent or the Lenders under the Credit Documents.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)
Application of Prepayments by Type of Loans. Any voluntary prepayments of Term Loans pursuant to SECTION 2.10 Section 2.12 and any mandatory prepayment of any Term Loan pursuant to SECTION 2.11 Section 2.13 shall be applied as follows: first, to the payment of all due fees, and unpaid all expenses and fees specified in Section 10.2, to the full extent thereof; second, to the payment of any accrued interest at the Current Default Rate, if any; third, to the payment of any accrued interest at the (other than Default RateRate interest, if any); fourth, to the payment of the Prepayment Premium and Yield Maintenance Premium, if either is applicableany, on any Term LoanLoan or Term Loan Commitment; fifth, except in connection with any Waivable Mandatory Prepayment in SECTION 2.12(b), to prepay the Term Loans on a pro rata basis (in accordance with the respective outstanding principal amounts thereof) and shall be further applied in inverse order of maturity to reduce the remaining scheduled Installments of principal of the Term LoanLoans; and sixth, to the payment of pay any other amounts remaining Obligations due and owing to Agents and/or Lenders to the Agent or full extent thereof. Any unused portion of the Lenders under Term Loan Commitments shall be permanently reduced to zero prior to application pursuant to the Credit Documentssixth tier above.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)
Application of Prepayments by Type of Loans. Any voluntary prepayments of Term Loans pursuant to SECTION 2.10 Section 2.12 and any mandatory prepayment of any Term Loan pursuant to SECTION 2.11 Section 2.13 shall be applied as follows: first, to the payment of all due fees, and unpaid all expenses and fees specified in Section 10.2, to the full extent thereof; second, to the payment of any accrued interest at the Current Default Rate, if any; third, to the payment of any accrued interest at the (other than Default RateRate interest, if any); fourth, to the payment of the Prepayment Premium and Yield Maintenance Premium, if either is applicableany, on any Term LoanLoan or Term Loan Commitment; fifth, except in connection with any Waivable Mandatory Prepayment in SECTION 2.12(b), to prepay the Term Loans on a pro rata basis (in accordance with the respective outstanding principal amounts thereof) and shall be further applied in inverse order of maturity to reduce the remaining scheduled Installments of principal of the Term LoanLoans; and sixth, to the payment of pay any other amounts remaining Obligations due and owing to Agents and/or Lenders to the Agent or full extent thereof. Any unused portion of the Lenders under Term Loan Commitments shall be permanently reduced to zero prior to application pursuant to the Credit Documents.sixth tier above. (b)
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)