Common use of Apportionment, Application and Reversal of Payments Clause in Contracts

Apportionment, Application and Reversal of Payments. Principal and interest payments shall be apportioned ratably among the applicable Lenders (according to the unpaid principal balance of the Term Loans to which such payments relate held by each applicable Lender) and payments of the fees shall, as applicable, be apportioned ratably among the applicable Lenders, except for fees payable solely to the Administrative Agent. All payments shall be remitted to the Administrative Agent (except as expressly provided herein otherwise) and all such payments not relating to principal or interest of specific Term Loans, or not constituting payment of specific fees or expenses, and, subject to the terms of the Senior Lenders Intercreditor Agreement, all proceeds of Collateral received by the Administrative Agent, shall be applied, ratably, subject to the provisions of this Agreement (including, without limitation, Section 3.3(d)), first, to pay any fees, indemnities or expense reimbursements then due to the Administrative Agent; second, to pay any fees or expense reimbursements then due to the Lenders from any of the Borrowers; third, to pay interest then due in respect of the Term Loans; fourth, to pay or prepay principal owing on the Term Loans; and fifth, to pay or prepay any other Obligations owing to the Lenders.

Appears in 2 contracts

Samples: Debtor in Possession Credit Agreement (Foamex L P), Credit Agreement (Foamex International Inc)

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Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the Lenders, aggregate principal and interest payments shall be apportioned ratably among the applicable Lenders (according to the unpaid principal balance of the Term Loans Advances to which such payments relate held by each applicable Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the applicable Lenders, except for fees payable solely to the Administrative Agent. All payments shall be remitted to the Administrative Agent (except as expressly provided herein otherwise) and all such payments not relating to principal or interest of specific Term LoansAdvances, or not constituting payment of specific fees or expensesfees, and, subject to the terms of the Senior Lenders Intercreditor Agreement, and all proceeds of Accounts or other Collateral received by the Administrative Agent, shall be applied, ratably, subject to the provisions of this Agreement (including, without limitation, Section 3.3(d)), first, to pay any fees, indemnities or expense reimbursements then due to the Administrative AgentAgent from Borrower; second, to pay any fees or expense reimbursements then due to the Lenders from any of the BorrowersBorrower; third, to pay interest then due in respect of the Term Loansall Advances (including Foothill Loans and Agent Advances); fourth, to pay or prepay principal owing on of Foothill Loans and Agent Advances; fifth, ratably to pay principal of the Term LoansAdvances (other than Foothill Loans and Agent Advances); and fifthsixth, ratably to pay or prepay any other Obligations owing due to the LendersAgent or any Lender by Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ram Energy Inc/Ok), Loan and Security Agreement (Southwest Royalties Holdings Inc)

Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the Lenders, aggregate principal and interest payments shall be apportioned ratably among the applicable Lenders (according to the unpaid principal balance of the Term Loans Advances to which such payments relate held by each applicable Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the applicable Lenders, except for fees payable solely to the Administrative Agent. All payments shall be remitted to the Administrative Agent (except as expressly provided herein otherwise) and all such payments not relating to principal or interest of specific Term LoansAdvances, or not constituting payment of specific fees or expensesfees, and, subject to the terms of the Senior Lenders Intercreditor Agreement, and all proceeds of Accounts or other Collateral received by the Administrative Agent, shall be applied, ratably, subject to the provisions of this Agreement (including, without limitation, Section 3.3(d)), first, to pay any fees, indemnities or expense reimbursements then due to the Administrative AgentAgent from Borrower; second, to pay any fees or expense reimbursements then due to the Lenders from any of the BorrowersBorrower; third, to pay interest then due in respect of the Term Loansall Advances (including Foothill Loans and Agent Advances); fourth, to pay or prepay principal owing on of Foothill Loans and Agent Advances; fifth, ratably to pay principal of the Term LoansAdvances (other than Foothill Loans and Agent Advances); sixth, to be held by Agent as cash collateral in accordance with Section 2.2(e) hereof with respect to unreimbursed obligations in respect of Letters of Credit; and fifthseventh, ratably to pay or prepay any other Obligations owing due to the LendersAgent or any Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Petsec Energy Inc)

Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to Defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the applicable Lenders (according to the unpaid principal balance of the Term Loans Advances to which such payments relate held by each applicable Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the applicable Lenders, except for fees payable solely to the Administrative Agent. All payments shall be remitted to the Administrative Agent (except as expressly provided herein otherwise) and all such payments not relating to principal or interest of specific Term LoansAdvances, or not constituting payment of specific fees or expensesfees, and, subject to the terms of the Senior Lenders Intercreditor Agreement, and all proceeds of Accounts or other Collateral received by the Administrative Agent, shall be applied, ratably, subject to the provisions of this Agreement (including, without limitation, Section 3.3(d)), first, to pay ----- any fees, indemnities or expense reimbursements then due to the Administrative AgentAgent from Borrower; second, to ------ pay any fees or expense reimbursements then due to the Lenders from any of the BorrowersBorrower; third, to pay interest then due in respect of the Term Loansall Advances (including Foothill Loans ----- and Agent Advances); fourth, to pay or prepay principal owing on of Foothill Loans and ------ Agent Advances; fifth, ratably to pay principal of the Term LoansAdvances (other than ----- Foothill Loans and Agent Advances); sixth, to be held by Agent as cash ----- collateral in accordance with Section 2.2(e) hereof with respect to unreimbursed obligations in respect -------------- of Letters of Credit; and fifthseventh, ratably to pay or prepay any other Obligations owing due to the LendersAgent or any Lender by Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Convergent Communications Inc /Co)

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Apportionment, Application and Reversal of Payments. Principal Aggregate principal and interest payments shall be apportioned ratably among the applicable Lenders (according to the unpaid principal balance of the Term Loans to which such payments relate held by each applicable Lender) and payments shall be identified by a Borrower as to Loans requested by a particular Borrower. Payments of the fees shall, as applicable, be apportioned ratably among the applicable Lenders, except for fees payable solely to the Administrative Agent. All payments shall be remitted to the Administrative Agent (except as expressly provided herein otherwise) and all such payments not relating to principal or interest of specific Term Loans, or not constituting payment of specific fees or expensesfees, and, subject to the terms of the Senior Lenders Intercreditor Agreement, and all proceeds of Accounts or other Collateral received by the Administrative Agent, shall be applied, ratably, subject to the provisions of this Agreement (including, without limitation, Section 3.3(d))Agreement, first, to pay any fees, indemnities or expense reimbursements then due to the Administrative AgentAgent from the Borrowers; second, to pay any fees or expense reimbursements then due to the Lenders from any of the Borrowers; third, to pay interest then due in respect of the Term all Loans, including BABC Loans and Agent Advances; fourth, to pay or prepay principal owing on of the Term LoansBABC Loans and Agent Advances; and fifth, to pay or prepay principal of the Loans (other than BABC Loans and Agent Advances); and sixth, to the payment of any other Obligations owing Obligation due to the LendersAgent or any Lender by the Borrowers. The Agent shall promptly distribute to each Lender, pursuant to the applicable wire transfer instructions received from each Lender in writing. The Agent and the Lenders shall have the continuing and exclusive right to apply and reverse and reapply any and all such proceeds and payments to any portion of the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Finance Co)

Apportionment, Application and Reversal of Payments. Principal and interest payments shall be apportioned ratably among the applicable Lenders (according to the unpaid principal balance of the Term Loans to which such payments relate held by each applicable Lender) and payments of the fees shall, as applicable, be apportioned ratably among the applicable Lenders, except for fees payable solely to Agent and the Administrative AgentLetter of Credit Issuer and except as provided in Section11.1(b). All payments shall be remitted to the Administrative Agent (except as expressly provided herein otherwise) and all such payments not relating to principal or interest of specific Term Loans, or not constituting payment of specific fees or expensesfees, and, subject to the terms of the Senior Lenders Intercreditor Agreement, and all proceeds of Accounts or other Collateral received by the Administrative Agent, shall be applied, ratably, subject to the provisions of this Agreement (including, without limitation, Section 3.3(d)), as follows: first, to pay any fees, indemnities or expense reimbursements then due to the Administrative Agent; second, to pay any fees or expense reimbursements then due to the Lenders from any the Borrower; second, to pay interest due in respect of the Borrowersall Loans, including Agent Advances; third, to pay interest then due in respect or prepay principal of the Term LoansAgent Advances; fourth, to pay or prepay principal owing on of the Term LoansRevolving Loans (other than Agent Advances) and unpaid reimbursement obligations in respect of Letters of Credit; and fifth, to pay or prepay an amount to the Agent equal to all outstanding Letter of Credit Obligations to be held as cash collateral for such Obligations; sixth, to the payment of any other Obligations owing Obligation due to the LendersAgent or any Lender by the Borrower; and seventh, to pay any fees, indemnities, or expense reimbursements including any amounts relating to Bank Products then due to the Agent from the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Coorstek Inc)

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