Common use of Application of Proceeds of Term Priority Collateral Clause in Contracts

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor Remedies, second, to the payment of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; and fourth, the balance, if any, to the Credit Parties or as a court of competent jurisdiction may direct.

Appears in 5 contracts

Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)

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Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling each Term Agent in connection with such Exercise of Secured Creditor Remedies, second, to the payment payment, discharge or cash collateralization of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; occurred (provided that no Proceeds of Term Exclusive Collateral shall be applied under this clause third), and fourth, the balance, if any, to the Credit Parties or as a court of competent jurisdiction may direct.

Appears in 5 contracts

Samples: Abl Credit Agreement (Hayward Holdings, Inc.), Abl Credit Agreement (Hayward Holdings, Inc.), Second Lien Credit Agreement (Hayward Holdings, Inc.)

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents Agent hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor Remedies, second, to the payment of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; and fourth, the balance, if any, to the Credit Parties or as a court of competent jurisdiction may direct.

Appears in 5 contracts

Samples: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (J Crew Group Inc)

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents Agent hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor RemediesRemedies to the extent provided in the Term Documents, second, to the payment of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; , and fourth, the balance, if any, to the Credit Loan Parties or as a court of competent jurisdiction may direct.

Appears in 4 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Abercrombie & Fitch Co /De/), Term Loan Credit Agreement (Pier 1 Imports Inc/De)

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents Agent hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise exercise of Secured Creditor Remedies secured creditor remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor Remedies, second, to the payment of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; and fourth, the balance, if any, to the Credit Parties or as a court of competent jurisdiction may direct.

Appears in 1 contract

Samples: Credit Agreement (JOANN Inc.)

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents Agent hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor RemediesRemedies to the extent provided in the Term Documents, second, to the payment of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; , and fourth, the balance, if any, to the Credit Parties Term Obligors or as a court of competent jurisdiction may direct.

Appears in 1 contract

Samples: Intercreditor Agreement (Zale Corp)

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling each Term Agent in connection with such Exercise of Secured Creditor Remedies, second, to the payment payment, discharge or cash collateralization of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; occurred (provided that no Proceeds of Term Exclusive Collateral shall be applied under this clause third), and #94592040v2 fourth, the balance, if any, to the Credit Parties or as a court of competent jurisdiction may direct.

Appears in 1 contract

Samples: Abl Credit Agreement (Hayward Holdings, Inc.)

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Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents Agent hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor Remedies, second, to the payment of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; and fourth, the balance, if any, to the Credit Parties or as a court of competent jurisdiction may direct.and

Appears in 1 contract

Samples: Intercreditor Agreement (99 Cents Only Stores)

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents Agent hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor Remedies, second, to the payment of the Term Obligations in accordance with the Term Documents until the Discharge of Term Obligations shall have occurred, third, to the payment payment, discharge or cash collateralization of the ABL Obligations in accordance with the ABL Documents until the Discharge of ABL Obligations shall have occurred; and fourth, the balance, if any, to the Credit Parties or as a court of competent jurisdiction may direct.

Appears in 1 contract

Samples: Intercreditor Agreement (Warnaco Group Inc /De/)

Application of Proceeds of Term Priority Collateral. The ABL Agent and each of the Term Agents Agent hereby agree that all Term Priority Collateral, Term Priority Proceeds and all other Proceeds thereof, received by either of them in connection with any Exercise of Secured Creditor Remedies with respect to the Term Priority Collateral shall be applied, first, to the payment of costs and expenses of the Controlling Term Agent in connection with such Exercise of Secured Creditor RemediesRemedies in accordance with the Term Facility Documentation, second, to the payment of the Term Obligations in accordance with the Term Documents Facility Documentation until the Discharge of Term Obligations shall have occurred, third, to the payment of the ABL Obligations in accordance with the ABL Documents Facility Documentation until the Discharge of ABL Obligations shall have occurred; , and fourth, the balance, if any, to the Credit Loan Parties or as a court of competent jurisdiction may direct.

Appears in 1 contract

Samples: Credit Agreement (YRC Worldwide Inc.)

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