Common use of Application of Prepayments by Type of Loans Clause in Contracts

Application of Prepayments by Type of Loans. Any voluntary ------------------------------------------- prepayments pursuant to subsection 2.4B(i) shall be applied as specified by Company in the applicable notice of prepayment; provided that in the event -------- Company fails to specify the Loans to which any such prepayment shall be applied, such prepayment shall be applied first to repay outstanding Swing ----- Line Loans to the full extent thereof, second to repay outstanding ------ Revolving Loans to the full extent thereof, and third to repay outstanding ----- Term Loans to the full extent thereof. Any amount required to be applied as a prepayment of Loans or Revolving Loan Commitment reduction pursuant to any of subsections 2.4B(iii)(a) through (f) or this subsection 2.4C(i) shall be applied first, to repay Term Loans as selected by Company in an ----- amount not in excess of an amount equal to the scheduled amortization payments on such Term Loans selected for the immediately succeeding twelve- month period, second, to further prepay the Term Loans ratably to the full ------ extent thereof, third, to prepay Swing Line Loans to the full extent ----- thereof and to permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fourth, to prepay Revolving Loans to the full ------ extent thereof and to further permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fifth, to prepay outstanding ----- reimbursement obligations with respect to Letters of Credit, sixth, to cash ----- collateralize Letters of Credit as provided in the Collateral Account Agreement and seventh, to the extent of any remaining amount, to further ------- reduce the Revolving Loan Commitments. Anything contained herein to the contrary notwithstanding, so long as any Term A Loans are outstanding, in the case of any voluntary or mandatory prepayments of Term Loans pursuant to subsections 2.4A or 2.4B or this subsection 2.4C, (a) Company shall use reasonable efforts to notify the Lenders of such prepayment in advance of payment to the Administrative Agent of such amount, (b) upon receipt of such payment, the Administrative Agent shall notify the Lenders of such payment, (c) in the event any Lender with Term B Loans elects to waive such Lender's right to receive such prepayment in respect of any such Loans, such Lender shall so advise the Administrative Agent in writing no later than the close of business on the date it receives such notice from the Administrative Agent and (d) upon receipt of such written advice from such Lender, the Administrative Agent shall apply the amount waived by such Lender to prepay the Term A Loans.

Application of Prepayments by Type of Loans. Any voluntary ------------------------------------------- prepayments pursuant to subsection 2.4B(i) shall be applied as specified by Company in the applicable notice of prepayment; provided that in the event -------- Company fails to specify the Loans to which any such prepayment shall be applied, such prepayment shall be applied first to repay outstanding Swing ----- Line Loans to the full extent thereof, second to repay outstanding ------ Revolving Loans to the full extent thereof, and third to repay outstanding ----- Term Loans to the full extent thereof. Any amount required to be applied as a prepayment of Loans or Revolving Loan Commitment or Term Delayed Draw Loan Commitment reduction pursuant to any of subsections 2.4B(iii)(a) through (fe) or this subsection 2.4C(i) shall be applied first, first to repay Term ----- Loans as selected by Company in an ----- amount not in excess of an amount equal to the scheduled amortization payments on such Term Loans selected for the immediately succeeding twelve- twelve-month period, second, second to further prepay the ------ Term Loans ratably to the full ------ extent thereof, third, third to prepay Swing Line ----- Loans to the full extent ----- thereof and to permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fourth, fourth to prepay ------ Revolving Loans to the full ------ extent thereof and to further permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fifth, fifth to prepay outstanding ----- reimbursement obligations with respect to ----- Letters of Credit, sixth, sixth to cash ----- collateralize Letters of Credit as ----- provided in the Collateral Account Agreement Agreement, seventh to reduce the Term ------- Delayed Draw Loan Commitment and seventheighth, to the extent of any remaining ------ amount, to further ------- reduce the Revolving Loan Commitments. Anything contained herein to the contrary notwithstanding, (i) prepayment of Term Loans required by subsection 2.4B(iii)(c) shall be allocated first to the prepayment of the Term C Loans and applied ratably to the remaining amortization in respect of the Term C Loans until the Term C Loans are paid in full and (ii) so long as any Term A Loans or Term Delayed Draw Loans are outstanding, in the case of any voluntary or mandatory prepayments of Term Loans pursuant to subsections subsection 2.4A or 2.4B or this subsection 2.4C, (a) Company shall use reasonable efforts to notify the Lenders of such prepayment in advance of payment to the Administrative Agent of such amount, (b) upon receipt of such payment, the Administrative Agent shall notify the Lenders of such payment, (c) in the event any Lender with Term B Loans or, except in the case of a prepayment pursuant to subsection 2.4B(iii)(c), Term C Loans elects to waive such Lender's right to receive such prepayment in respect of any such Loans, such Lender shall so advise the Administrative Agent in writing no later than the close of business on the date it receives such notice from the Administrative Agent and (d) upon receipt of such written advice from such Lender, the Administrative Agent shall apply the amount waived by such Lender to prepay the Term A Loans and Term Delayed Draw Loans.

Application of Prepayments by Type of Loans. Any voluntary ------------------------------------------- prepayments of Term Loans pursuant to subsection 2.4B(i) Section 2.12 and any mandatory prepayment of any Loan pursuant to Section 2.13 shall be applied as follows: first, to the payment of all fees, and all expenses specified by Company in Section 10.2, to the applicable notice full extent thereof; second, to the payment of prepaymentany accrued but unpaid interest with respect to Protective Advances, if any, then due and payable to the full extent thereof; provided that third, to prepay the Protective Advances, if any, then due and payable to the full extent thereof; fourth, to the payment of any accrued but unpaid interest at the Default Rate, if any, then due and payable to the full extent thereof; fifth, to the payment of any accrued but unpaid interest (other than Default Rate interest and interest on Protective Advances, if any) then due and payable to the full extent thereof; Credit and Guaranty Agreement sixth, to the payment of the amounts payable pursuant to Section 2.10(e), if any, on any Loan; seventh, except in connection with any Waivable Mandatory Prepayment in Section 2.14(c), to prepay Term Loans on a pro rata basis (in accordance with the event -------- Company fails respective outstanding principal amounts thereof) to specify reduce the Loans to which any remaining scheduled Installments of principal on such prepayment shall be applied, such prepayment shall be applied first to repay outstanding Swing ----- Line Terms Loans to the full extent thereof; eighth, second to repay outstanding ------ prepay the Revolving Loans (without a reduction in the Revolving Commitments) to the full extent thereof; ninth, and third to repay outstanding ----- Term Loans permanently reduce the Revolving Commitments to the full extent thereof. Any amount required to ; provided, that any permanent reduction of the Revolving Commitments shall be applied as a prepayment of Loans or non-payment event in which the Revolving Loan Commitment reduction pursuant Commitments shall be reduced on a dollar-for-dollar basis with respect to any of subsections 2.4B(iii)(aamounts not previously applied in this Section 2.14(b) through (f) or this subsection 2.4C(i) above, but such amounts not previously applied shall be applied firstin accordance with the following clauses of this Section 2.14(b); and tenth, to repay Term Loans as selected by Company in an ----- amount not in excess of an amount equal to the scheduled amortization payments on such Term Loans selected for the immediately succeeding twelve- month period, second, to further prepay the Term Loans ratably to the full ------ extent thereof, third, to prepay Swing Line Loans to the full extent ----- thereof and to permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fourth, to prepay Revolving Loans to the full ------ extent thereof and to further permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fifth, to prepay outstanding ----- reimbursement obligations with respect to Letters of Credit, sixth, to cash ----- collateralize Letters of Credit as provided in the Collateral Account Agreement and seventh, to the extent of any remaining amountObligations then due and payable to any Agent, to further ------- reduce the Revolving Loan Commitments. Anything contained herein to the contrary notwithstanding, so long as any Term A Loans are outstanding, in the case of any voluntary or mandatory prepayments of Term Loans pursuant to subsections 2.4A or 2.4B or this subsection 2.4C, (a) Company shall use reasonable efforts to notify the Lenders of such prepayment in advance of payment to the Administrative Agent of such amount, (b) upon receipt of such payment, the Administrative Agent shall notify the Lenders of such payment, (c) in the event any Lender with Term B Loans elects to waive such Lender's right to receive such prepayment in respect of or any such Loans, such Lender shall so advise Counterparty under the Administrative Agent in writing no later than the close of business on the date it receives such notice from the Administrative Agent and (d) upon receipt of such written advice from such Lender, the Administrative Agent shall apply the amount waived by such Lender to prepay the Term A LoansCredit Documents.

Application of Prepayments by Type of Loans. Any voluntary ------------------------------------------- prepayments pursuant to subsection 2.4B(i) shall be applied as specified by Company in the applicable notice of prepayment; provided that in the event -------- Company fails to specify the Loans to which any such prepayment shall be applied, such prepayment shall be applied first to repay outstanding Swing ----- Line Loans to the full extent thereof, second to repay outstanding ------ Revolving Loans to the full extent thereof, and third to repay outstanding ----- Term Loans to the full extent thereof. Any amount required to be applied as a prepayment of Loans or Revolving Loan Commitment or Term Delayed Draw Loan Commitment reduction pursuant to any of subsections 2.4B(iii)(a) through (fe) or this subsection 2.4C(i) shall be applied first, first to repay Term ----- Loans as selected by Company in an ----- amount not in excess of an amount equal to the scheduled amortization payments on such Term Loans selected for the immediately succeeding twelve- twelve-month period, second, second to further prepay the ------ Term Loans ratably to the full ------ extent thereof, third, third to prepay Swing Line ----- Loans to the full extent ----- thereof and to permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fourth, fourth to prepay ------ Revolving Loans to the full ------ extent thereof and to further permanently reduce the Revolving Loan Commitments by the amount of such prepayment, fifth, fifth to prepay outstanding ----- reimbursement obligations with respect to ----- Letters of Credit, sixth, sixth to cash ----- collateralize Letters of Credit as ----- provided in the Collateral Account Agreement Agreement, seventh to reduce the Term ------- Delayed Draw Loan Commitment and seventheighth, to the extent of any remaining ------ amount, to further ------- reduce the Revolving Loan Commitments. Anything contained herein to the contrary notwithstanding, so long as any Term A Loans or Term Delayed Draw Loans are outstanding, in the case of any voluntary or mandatory prepayments of Term Loans pursuant to subsections subsection 2.4A or 2.4B or this subsection 2.4C, (a) Company shall use reasonable efforts to notify the Lenders of such prepayment in advance of payment to the Administrative Agent of such amount, (b) upon receipt of such payment, the Administrative Agent shall notify the Lenders of such payment, (c) in the event any Lender with Term B Loans elects to waive such Lender's right to receive such prepayment in respect of any such Loans, such Lender shall so advise the Administrative Agent in writing no later than the close of business on the date it receives such notice from the Administrative Agent and (d) upon receipt of such written advice from such Lender, the Administrative Agent shall apply the amount waived by such Lender to prepay the Term A Loans and Term Delayed Draw Loans.