Common use of Application of Prepayments, Repayments and Revolving Commitment Reductions Clause in Contracts

Application of Prepayments, Repayments and Revolving Commitment Reductions. (i) The prepayments and reductions required pursuant to subsection (d) shall be effected in the following order: first, the Borrowers shall prepay the Term Loans until the Term Loans have been paid in full (subject to Section 2.04(f) in the case of a prepayment of the Term Loans in part), second, the Revolving Commitments shall be reduced and third, solely if such prepayment is to be made after the Revolving Credit Period, the Borrowers shall prepay Revolving Loans until the Revolving Loans have been paid in full. (ii) Subject to Section 2.04(f), each prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) shall be allocated pro rata on the basis of principal amount between the then outstanding Tranche A Loans and Tranche B Loans. (iii) If on the date of any reduction of the Revolving Commitments pursuant to subsection (d) the aggregate Revolving Exposure on such date exceeds the aggregate Available Revolving Commitments on such date, the Borrowers shall apply an amount equal to such excess to prepay the Revolving Credit Loans or Swing Loans (or both) and/or cash collateralize Letters of Credit so that after giving effect thereto the Revolving Exposure of each Revolving Lender does not exceed its Revolving Commitment as then reduced. Amounts to be applied pursuant to the preceding sentence shall be applied first to repay the principal amount of the Swing Loans then outstanding until all such Swing Loans shall have been repaid in full, second to repay the principal amount of the Revolving Loans then outstanding until all such Revolving Loans shall have been repaid in full and third if any excess then remains such excess shall be deposited in the Cash Collateral Account established pursuant to Section 6(C) of the Security Agreement to be held, applied or released for application as provided in the Security Agreement. In determining Revolving Exposure for purposes of this clause (iii), Letter of Credit Liabilities shall be reduced to the extent that they are cash collateralized as contemplated by the previous sentence. (iv) Subject to clause (ii) of this subsection, each repayment or prepayment of Loans of any Class made by either Borrower pursuant to this Section shall be applied to such Group or Groups of Loans of such Class as such Borrower may designate in the applicable Notice of Borrowing or Notice of Interest Rate Election (or, failing such designation, as determined by the Agent), and, except as provided in subsection (f) with respect to Tranche B Loans, shall be applied to repay ratably the Loans of such Class of the several Lenders included in such Group or Groups. (v) The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) as a result of any event set forth in clause (i) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection (b) above in inverse order of maturity. The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) as a result of any event set forth in clause (ii) or (iii) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection (b) above ratably to all remaining amortization payments.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

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Application of Prepayments, Repayments and Revolving Commitment Reductions. (i) The prepayments and reductions required pursuant to subsection (d) shall be effected in the following order: first, the Borrowers Borrower shall prepay the Term Loans until the Term Loans have been paid in full (subject to Section 2.04(f) in the case of a prepayment of the Term Loans in part)full, second, the Revolving Commitments shall be reduced (and outstanding Revolving Loans and Letters of Credit shall be prepaid and/or cash collateralized in accordance with clause (ii) below) and third, solely if such prepayment is to be made after the Revolving Credit Period, the Borrowers Borrower shall prepay Revolving Loans until the Revolving Loans have been paid in full. (ii) Subject to Section 2.04(f), each prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) shall be allocated pro rata on the basis of principal amount between the then outstanding Tranche A Loans and Tranche B Loans. (iii) If on the date of any reduction of the Revolving Commitments pursuant to subsection (de)(i) the aggregate Revolving Exposure on such date exceeds the aggregate Available Revolving Commitments on such date, the Borrowers Borrower shall apply an amount equal to such excess to prepay the Revolving Credit Loans or Swing Loans (or both) and/or cash collateralize Letters of Credit so that after giving effect thereto the Revolving Exposure of each Revolving Lender does not exceed its Revolving Credit Commitment as then reduced. Amounts to be applied pursuant to the preceding sentence shall be applied first to repay the principal amount of the Swing Loans then outstanding until all such Swing Loans shall have been repaid in full, second to repay the principal amount of the Revolving Credit Loans then outstanding until all such Revolving Credit Loans shall have been repaid in full and third second if any excess then remains such excess shall be deposited in the Cash Collateral Account established pursuant to Section 6(C) of the Security Agreement until the Letter of Credit Liabilities on the date of repayment have been cash collateralized in full to be held, applied or released for application as provided in the Security Agreement. In determining Revolving Exposure for purposes of this clause (iiiii), Letter of Credit Liabilities shall be reduced to the extent that they are cash collateralized as contemplated by the previous sentence. (iviii) Subject to clause (iii) of this subsection, each repayment or prepayment of Loans of any Class made by either the Borrower pursuant to this Section shall be applied to such Group or Groups of Loans of such Class as such the Borrower may designate in the applicable Notice of Borrowing or Notice of Interest Rate Election (or, failing such designation, as determined by the Agent), and, except as provided in subsection (f) with respect to Tranche B Loans, and shall be applied to repay ratably the Loans of such Class of the several Lenders included in such Group or Groups. (viv) The amount of any prepayment of the Term Loans made by the Borrowers Borrower pursuant to subsection (d) as a result of any event set forth in clause (i) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection subsections (b) above or (c) above, as the case may be, in inverse order of maturity. The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) as a result of any event set forth in clause (ii) or (iii) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection (b) above ratably to all remaining amortization payments.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

Application of Prepayments, Repayments and Revolving Commitment Reductions. (i) The prepayments and reductions required pursuant to subsection (d) shall be effected in the following order: first, the Borrowers shall prepay the Term Loans until the Term Loans have been paid in full (subject to Section 2.04(f) in the case of a prepayment of the Term Loans in part), second, the Revolving Commitments shall be reduced and third, solely if such prepayment is to be made after the Revolving Credit Period, the Borrowers shall prepay Revolving Loans until the Revolving Loans have been paid in full. (ii) Subject to Section 2.04(f), each prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) shall be allocated pro rata on the basis of principal amount between the then outstanding Tranche A Loans and Tranche B Loans. (iii) If on the date of any reduction of the Revolving Commitments pursuant to subsection (d) the aggregate Revolving Exposure on such date exceeds the aggregate Available Revolving Commitments on such date, the Borrowers shall apply an amount equal to such excess to prepay the Revolving Credit Loans or Swing Loans (or both) and/or cash collateralize Letters of Credit so that after giving effect thereto the Revolving Exposure of each Revolving Lender does not exceed its Revolving Credit Commitment as then reduced. Amounts to be applied pursuant to the preceding sentence shall be applied first to repay the principal amount of the Swing Loans then outstanding until all such Swing Loans shall have been repaid in full, second to repay the principal amount of the Revolving Credit Loans then outstanding until all such Revolving Credit Loans shall have been repaid in full and third if any excess then remains such excess shall be deposited in the Cash Collateral Account established pursuant to Section 6(C) of the Security Agreement to be held, applied or released for application as provided in the Security Agreement. In determining Revolving Exposure for purposes of this clause (iii), Letter of Credit Liabilities shall be reduced to the extent that they are cash collateralized as contemplated by the previous sentence. (iv) Subject to clause (ii) of this subsection, each repayment or prepayment of Loans of any Class made by either Borrower pursuant to this Section shall be applied to such Group or Groups of Loans of such Class as such Borrower may designate in the applicable Notice of Borrowing or Notice of Interest Rate Election (or, failing such designation, as determined by the Agent), and, except as provided in subsection (f) with respect to Tranche B Loans, shall be applied to repay ratably the Loans of such Class of the several Lenders included in such Group or Groups. (v) The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) (other than as a result of any event set forth in clause (iii) or (iii) in the definition of "Reduction Event" ") shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection subsections (b) above or (c) above, as the case may be, in inverse order of maturitymaturtity. The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) as a result of any event set forth in clause (ii) or (iii) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection subsections (b) above or (c) above, as the case may be, ratably to all remaining amortization payments.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

Application of Prepayments, Repayments and Revolving Commitment Reductions. (i) The prepayments and reductions required pursuant to subsection (d) shall be effected in the following order: first, the Borrowers Borrower shall prepay the Term Loans until the Term Loans have been paid in full (subject to Section 2.04(f) in the case of a prepayment of the Term Loans in part), second, the Revolving Commitments shall be reduced and third, solely if such prepayment is to be made after the Revolving Credit Period, the Borrowers Borrower shall prepay Revolving Loans until the Revolving Loans have been paid in full. (ii) Subject to Section 2.04(f), each prepayment of the Term Loans made by the Borrowers Borrower pursuant to subsection (d) shall be allocated pro rata on the basis of principal amount between the then outstanding Tranche A Loans and Tranche B Loans. (iii) If on the date of any reduction of the Revolving Commitments pursuant to subsection (d) the aggregate Revolving Exposure on such date exceeds the aggregate Available Revolving Commitments on such date, the Borrowers Borrower shall apply an amount equal to such excess to prepay the Revolving Credit Loans or Swing Loans (or both) and/or cash collateralize Letters of Credit so that after giving effect thereto the Revolving Exposure of each Revolving Lender does not exceed its Revolving Credit Commitment as then reduced. Amounts to be applied pursuant to the preceding sentence shall be applied first to repay the principal amount of the Swing Loans then outstanding until all such Swing Loans shall have been repaid in full, second to repay the principal amount of the Revolving Credit Loans then outstanding until all such Revolving Credit Loans shall have been repaid in full and third if any excess then remains such excess shall be deposited in the Cash Collateral Account established pursuant to Section 6(C) of the Security Agreement to be held, applied or released for application as provided in the Security Agreement. In determining Revolving Exposure for purposes of this clause (iii), Letter of Credit Liabilities shall be reduced to the extent that they are cash collateralized as contemplated by the previous sentence. (iv) Subject to clause (ii) of this subsection, each repayment or prepayment of Loans of any Class made by either the Borrower pursuant to this Section shall be applied to such Group or Groups of Loans of such Class as such the Borrower may designate in the applicable Notice of Borrowing or Notice of Interest Rate Election (or, failing such designation, as determined by the Agent), and, except as provided in subsection (f) with respect to Tranche B Loans, shall be applied to repay ratably the Loans of such Class of the several Lenders included in such Group or Groups. (v) The amount of any prepayment of the Term Loans made by the Borrowers Borrower pursuant to subsection (d) as a result of any event set forth in clause (i) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection subsections (b) above or (c) above, as the case may be, in inverse order of maturity. The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) as a result of any event set forth in clause (ii) or (iii) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection (b) above ratably to all remaining amortization payments.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

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Application of Prepayments, Repayments and Revolving Commitment Reductions. (i) The prepayments and reductions required pursuant to subsection (d) shall be effected in the following order: first, the Borrowers Borrower shall prepay the Term Loans until the Term Loans have been paid in full (subject to Section 2.04(f) in the case of a prepayment of the Term Loans in part)full, second, the Revolving Commitments shall be reduced and third, solely if such prepayment is to be made after the Revolving Credit Period, the Borrowers Borrower shall prepay Revolving Loans until the Revolving Loans have been paid in full. (ii) Subject to Section 2.04(f), each Each prepayment of the Term Loans made by the Borrowers Borrower pursuant to subsection (d) shall be allocated to all outstanding Term Loans, whether Term A Loans or Term B Loans, pro rata in accordance with the respective outstanding principal amount thereof on the basis of principal amount between the then outstanding Tranche A Loans and Tranche B Loansdate payment is required. (iii) If on the date of any reduction of the Revolving Commitments pursuant to subsection (d) the aggregate Revolving Exposure on such date exceeds the aggregate Available Revolving Commitments on such date, the Borrowers Borrower shall apply an amount equal to such excess to prepay the Revolving Credit Loans or Swing Loans (or both) and/or cash collateralize Letters of Credit so that after giving effect thereto the Revolving Exposure of each Revolving Lender does not exceed its Revolving Commitment as then reduced. Amounts to be applied pursuant to the preceding sentence shall be applied first to repay the principal amount of the Swing Loans then outstanding until all such Swing Loans shall have been repaid in full, second to repay the principal amount of the Revolving Loans then outstanding until all such Revolving Loans shall have been repaid in full and third if any excess then remains such excess shall be deposited in the Cash Collateral Account established pursuant to Section 6(C) of the Security Agreement to be held, applied or released for application as provided in the Security Agreement. In determining Revolving Exposure for purposes of this clause (iii), Letter of Credit Liabilities shall be reduced to the extent that they are cash collateralized as contemplated by the previous sentence. (iv) Subject to clause (ii) of this subsection, each repayment or prepayment of Loans of any Class made by either the Borrower pursuant to this Section shall be applied to such Group or Groups of Loans of such Class as such the Borrower may designate in the applicable Notice of Borrowing or Notice of Interest Rate Election (or, failing such designation, as determined by the Agent), and, except as provided in subsection (f) with respect to Tranche Term B Loans, shall be applied to repay ratably the Loans of such Class of the several Lenders included in such Group or Groups. (v) The amount of any prepayment of the Term Loans made by the Borrowers Borrower pursuant to subsection (d) as a result of any event set forth in clause (i) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection (b) above in inverse order of maturity. The amount of any prepayment of the Term Loans made by the Borrowers Borrower pursuant to subsection (d) as a result of any event set forth in clause (ii), (iii) or (iiiiv) in the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection (b) above ratably to all remaining amortization payments.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

Application of Prepayments, Repayments and Revolving Commitment Reductions. (i) The prepayments and reductions required pursuant to subsection (d) shall be effected in the following order: first, the Borrowers shall prepay the Term Loans until the Term Loans have been paid in full (subject to Section 2.04(f) in the case of a prepayment of the Term Loans in part), second, the Revolving Commitments shall be reduced and third, solely if such prepayment is to be made after the Revolving Credit Period, the Borrowers shall prepay Revolving Loans until the Revolving Loans have been paid in full. (ii) Subject to Section 2.04(f), each prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) shall be allocated pro rata on the basis of principal amount between the then outstanding Tranche A Loans and Tranche B Loans. (iii) If on the date of any reduction of the Revolving Commitments pursuant to subsection (d) the aggregate Revolving Exposure on such date exceeds the aggregate Available Revolving Commitments on such date, the Borrowers shall apply an amount equal to such excess to prepay the Revolving Credit Loans or Swing Loans (or both) and/or cash collateralize Letters of Credit so that after giving effect thereto the Revolving Exposure of each Revolving Lender does not exceed its Revolving Credit Commitment as then reduced. Amounts to be applied pursuant to the preceding sentence shall be applied first to repay the principal amount of the Swing Loans then outstanding until all such Swing Loans shall have been repaid in full, second to repay the principal amount of the Revolving Credit Loans then outstanding until all such Revolving Credit Loans shall have been repaid in full and third if any excess then remains such excess shall be deposited in the Cash Collateral Account established pursuant to Section 6(C) of the Security Agreement to be held, applied or released for application as provided in the Security Agreement. In determining Revolving Exposure for purposes of this clause (iii), Letter of Credit Liabilities shall be reduced to the extent that they are cash collateralized as contemplated by the previous sentence. (iv) Subject to clause (ii) of this subsection, each repayment or prepayment of Loans of any Class made by either Borrower pursuant to this Section shall be applied to such Group or Groups of Loans of such Class as such Borrower may designate in the applicable Notice of Borrowing or Notice of Interest Rate Election (or, failing such designation, as determined by the Agent), and, except as provided in subsection (f) with respect to Tranche B Loans, shall be applied to repay ratably the Loans of such Class of the several Lenders included in such Group or Groups. (v) The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) (other than as a result of any event set forth in clause (i), (iv), (v) in or (vi) of the definition of "Reduction Event" ") shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection subsections (b) above or (c) above, as the case may be, in inverse order of maturity. The amount of any prepayment of the Term Loans made by the Borrowers pursuant to subsection (d) as a result of any event set forth in clause (iii), (iv), (v) or (iiivi) in of the definition of "Reduction Event" shall be applied to reduce the amount of subsequent scheduled repayments of the Term Loans pursuant to subsection subsections (b) above or (c) above, as the case may be, ratably to all remaining amortization payments.

Appears in 1 contract

Samples: Credit Agreement (Metro-Goldwyn-Mayer Inc)

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