Common use of Apportionment and Application of Payments Clause in Contracts

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 or Term Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each Lender) and payments of fees and expenses (other than fees or expenses that are for Agent’s separate account, after giving effect to any letter agreements between Agent or Term Agent and individual Lenders) shall be apportioned ratably among the Lenders 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, and, subject to the Term Loan Intercreditor Agreement, all proceeds of Collateral received by Agent, shall be applied as follows:for application in accordance with this Section 2.5(b).

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, 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 or Term Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each Lender) and payments of fees and expenses (other than fees or expenses that are for Agent’s 's separate account, after giving effect to any letter agreements between Agent or Term Agent and individual Lenders) shall be apportioned ratably among the Lenders 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 and, subject to Section 2.4(b)(iii), all such payments, and, subject to the Term Loan Intercreditor Agreement, and all proceeds of Accounts or other Collateral received by AgentAgent pursuant to Section 2.7(a) or other applicable provisions of this Agreement, shall be applied on the applicable date required by Section 2.8 as follows:for application in accordance with this Section 2.5(b).

Appears in 1 contract

Samples: Loan and Security Agreement (Orbital Sciences Corp /De/)

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 or Term Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each Lender) and payments of fees and expenses (other than fees or expenses that are for Agent’s 's separate account, after giving effect to any letter agreements between Agent or Term Agent and individual Lenders) shall be apportioned ratably among the Lenders having a Pro Rata Share of the type of Commitment or Obligation to which a particular fee relatesLenders. All payments shall be remitted to Agent and all such payments, and, subject payments (other than payments received while no Default or Event of Default has occurred and is continuing and which relate to the Term Loan Intercreditor Agreementpayment of principal or interest of specific Obligations or which relate to the payment of specific fees), and all proceeds of Accounts or other Collateral received by Agent, shall be applied as follows:for application in accordance with this Section 2.5(b).

Appears in 1 contract

Samples: Loan and Security Agreement (Foster Wheeler LTD)

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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 or Term Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each Lender) and payments of fees and expenses (other than fees or expenses that are for Agent’s separate account, after giving effect to any letter agreements between Agent or Term Agent and individual Lenders) shall be apportioned ratably among the Lenders 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 and, subject to Section 2.4(b)(iii), all such payments, and, subject to the Term Loan Intercreditor Agreement, and all proceeds of Accounts or other Collateral received by AgentAgent pursuant to Section 2.7(a) or other applicable provisions of this Agreement, shall be applied on the applicable date required by Section 2.8 as follows:for application in accordance with this Section 2.5(b).

Appears in 1 contract

Samples: Loan and Security Agreement (Orbital Sciences Corp /De/)

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