Common use of Apportionment and Application of Payments Clause in Contracts

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).

Appears in 2 contracts

Samples: Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc), Loan and Security Agreement (Vermont Transit Co Inc)

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Apportionment and Application of Payments. (i) Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances Obligations to which such payments relate held by each Lender) and payments of the fees and expenses (other than fees designated or expenses that are for Agent's ’s separate account, after giving effect to any letter agreement agreements between Agent and individual Lenders) shall, as applicable, shall be apportioned ratably among the Lenders. All Lenders having a Pro Rata Share of the type of Commitment or Obligation to which a particular fee relates. (ii) Except as provided in Sections 2.4(b)(v) and 2.7(b), all payments shall be remitted to Agent and all such payments not relating to specific Advances, or not constituting payment of specific fees made by the US Obligors and all proceeds of Collateral owned by the US Obligors received by Agent, shall be applied, applied as follows: A. first, to pay any fees or expense reimbursements Lender Group Expenses owed by the US Obligors as determined by Agent in its Permitted Discretion and then due to Agent from Borrower; under the Loan Documents, until paid in full, B. second, to pay any fees or Lender Group Expenses owed by the US Obligors as determined by Agent in its Permitted Discretion and then due to the Lenders from Borrower; thirdunder the Loan Documents, to pay interest due on a ratable basis, until paid in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).full,

Appears in 2 contracts

Samples: Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.), Loan and Security Agreement (SMART Modular Technologies (DE), Inc.)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be appliedapplied as follows: (i) prior to the termination of the Special Term Subline, pursuant to the terms of the Participation Agreements and (ii) after the termination of the Special Term Subline, first, to pay any fees or expense reimbursements then due to Agent from BorrowerBorrowers; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from BorrowerBorrowers; third, to pay interest due in respect of all Advances, including Agent Swing Loans and Agent Advances, and the Special Term Subline; fourth, to pay or prepay principal of Agent Swing Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Swing Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; sixth, to pay the principal on the Special Term Subline; and sixthseventh, ratably to pay any other Obligations due to Agent or any Lender by BorrowerBorrowers. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i2.3(e). The foregoing application shall be subject to the terms of the Participation and Intercreditor Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Fao Inc), Loan and Security Agreement (Right Start Inc /Ca)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on specific Advances, Advances or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed reimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Areawide Cellular Inc)

Apportionment and Application of Payments. (i) Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances Obligations to which such payments relate held by each Lender) and payments of the fees and expenses (other than fees designated or expenses that are for Agent's separate account, after giving effect to any letter agreement agreements between Agent and individual Lenders) shall, as applicable, shall be apportioned ratably among the LendersLenders having a Pro Rata Share of the type of Commitment or Obligation to which a particular fee relates. All payments shall be remitted to Agent and all such payments not relating (other than payments received while no Default or Event of Default has occurred and is continuing and which relate to the payment of principal or interest of specific Advances, Obligations or not constituting which relate to the payment of specific fees fees), and all proceeds of Accounts or other Collateral received by Agent, shall be applied, applied as follows: A. first, to pay any fees or expense reimbursements Lender Group Expenses then due to Agent from Borrower; under the Loan Documents, until paid in full, B. second, to pay any fees or Lender Group Expenses then due to the Lenders from Borrower; under the Loan Documents, on a ratable basis, until paid in full, C. third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations fees then due to Agent or (for its separate accounts, after giving effect to any Lender by Borrower. letter agreements between Agent shall promptly distribute to each Lender, pursuant to and the applicable wire transfer instructions received from each Lender individual Lenders) under the Loan Documents until paid in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).full,

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on the Term Loans or of specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i2.1(k).

Appears in 1 contract

Samples: Loan and Security Agreement (Todays Man Inc)

Apportionment and Application of Payments. Except as ----------------------------------------- otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).. --------------

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Facility Agent's or Facility Co-Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Facility Agent and all such payments not relating to specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Facility Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Facility Agent or Facility Co-Agent from Borrower; second, to pay any fees or Lender Group Expenses then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent Agents or any Lender by Borrower. Facility Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Los Buenos Leasing Co Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to specific Advances, or and not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(iSECTION 2.1(h).

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's ’s separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate Aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate and Overadvances (if any) held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on specific AdvancesAdvances (or Overadvances, if any) or not constituting payment of specific fees and all proceeds of Collateral collateral received by Agent, shall be applied, first, to pay any Overadvances outstanding (including interest accrued thereon); second, to pay any fees or expense reimbursements then due to Agent from Borrower; secondthird, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; thirdfourth, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, sixth ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for . 1.5 Section 2.3 of the Loan and Security Agreement is hereby deleted in Section 2.1(i).its entirety and replaced with the following:

Appears in 1 contract

Samples: Loan and Security Agreement (Samuels Jewelers Inc)

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Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate Aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for an Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Collateral Agent and all such payments not relating to principal or interest on specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Collateral Agent, shall be applied, first, to pay any fees or expense reimbursements Lender Group Expenses then due to Agent Agents from Borrower; second, to pay any fees or Lender Group Expenses then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay interest due in respect of all Advances (other than Agent Loans and Agent Advances); fifth, to pay or prepay principal of Agent Loans and Agent Advances; fifthsixth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit, which may include the cash collateralization of Obligations with respect to undrawn Letters of Credit; and sixthseventh, ratably to pay any other Obligations due to Agent Agents or any Lender by Borrower. Collateral Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i2.1(h).

Appears in 1 contract

Samples: Loan and Security Agreement (Icf Kaiser International Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, firstFIRST, to pay any fees or expense reimbursements then due to Agent from Borrower; secondSECOND, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; thirdTHIRD, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourthFOURTH, to pay or prepay principal of Agent Loans and Agent Advances; fifthFIFTH, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixthSIXTH, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section SECTION 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Gantos Inc)

Apportionment and Application of Payments. (i) Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances Obligations to which such payments relate held by each Lender) and payments of the fees and expenses (other than fees designated or expenses that are for Agent's separate account, after giving effect to any letter agreement agreements between Agent and individual Lenders) shall, as applicable, shall be apportioned ratably among the LendersLenders having a Pro Rata Share of the type of Commitment or Obligation to which a particular fee relates. All payments shall be remitted to Agent and all such payments not relating (other than payments received while no Default or Event of Default has occurred and is continuing and which relate to the payment of principal or interest of specific Advances, Obligations or not constituting which relate to the payment of specific fees fees), and all proceeds of Accounts or other Collateral received by Agent, shall be applied, applied as follows: A. first, to pay any fees or expense reimbursements Lender Group Expenses then due to Agent from Borrower; under the Loan Documents, until paid in full, B. second, to pay any fees or Lender Group Expenses then due to the Lenders from Borrower; thirdunder the Loan Documents, to pay interest due on a ratable basis, until paid in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).full,

Appears in 1 contract

Samples: Loan and Security Agreement (LSB Industries Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on the Fixed Period Loans or of specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees (other than fees set forth in Section 2.11(e) hereof) or expense reimbursements then due to Agent from BorrowerBorrowers; second, to pay any fees or Lender Group Expenses expense reimbursements then due to Agent under Section 2.11(e) hereof and to the Lenders from Borrowers to be allocated on a pro-rata basis with respect to the amount then due to the Lenders from BorrowerAgent under Section 2.11(e) hereof and to the Lenders; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by BorrowerBorrowers. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (RDM Sports Group Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest on specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Agent, shall be applied, first, to pay any fees or expense reimbursements then due to Agent from Borrower; second, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances, including Agent Loans and Agent Advances; fourth, to pay or prepay principal of Agent Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Agent Loans and Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower; and seventh, to provide cash collateral to be held by Agent in an amount equal to 102% of the maximum amount of the Lender Group's obligations under Letters of Credit, to the extent then required so to be on deposit pursuant to Section 2.2(e) or otherwise; and thereafter delivered to Borrower. Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Samuels Jewelers Inc)

Apportionment and Application of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Administrative Agent's separate account, after giving effect to any letter agreement between Agent and individual Lenders) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Administrative Agent and all such payments not relating to specific Advances, or not constituting payment of specific fees and all proceeds of Collateral received by Administrative Agent, shall be applied, firstFIRST, to pay any fees or expense reimbursements then due to Administrative Agent from Borrower; secondSECOND, to pay any fees or Lender Group Expenses expense reimbursements then due to the Lenders from Borrower; thirdTHIRD, to pay interest due in respect of all Advances, including Administrative Agent Loans and Administrative Agent Advances; fourthFOURTH, to pay or prepay principal of Administrative Agent Loans and Administrative Agent Advances; fifthFIFTH, ratably to pay principal of the Advances (other than Administrative Agent Loans and Administrative Agent Advances) and unreimbursed obligations in respect of Letters of Credit; and sixthSIXTH, ratably to pay any other Obligations due to Administrative Agent or any Lender by Borrower. Administrative Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing, such funds as it may be entitled to receive, subject to a Settlement delay as provided for in Section SECTION 2.1(i).

Appears in 1 contract

Samples: Loan and Security Agreement (Natural Wonders Inc)

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