Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans to which such payments relate held by each Lender) and payments of the fees (other than fees designated for the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, shall be applied as in the following order: (i) to pay any fees, or expense reimbursements then due to the Agent from the Borrower; (ii) to pay any fees or expense reimbursements then due to the Lenders from the Borrower; (iii) ratably to pay interest due in respect of all outstanding Revolving Loans; (iv) ratably to pay principal of all outstanding Revolving Loans; (v) ratably to pay any Obligations due to any Lender by Borrower under any Hedging Agreement. (vi) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.
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Samples: Credit and Security Agreement (Emergent Information Technologies Inc)
Apportionment, Application and Reversal of Payments. Except as otherwise expressly provided with respect to defaulting Lendersherein, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans to which such payments relate held by each Lender) and payments of the fees (other than fees designated for the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders. All Except as specifically provided otherwise in the Borrowing Orders, all payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, shall be applied as in applied, ratably, subject to the following order:
(i) provisions of this Agreement, FIRST, to pay any interest, fees, indemnities, or expense reimbursements then due with respect to, or which constitute, Obligations, SECOND, to pay or prepay principal of the Revolving Loans under this Agreement, and THIRD, to the payment of any other Obligation due under this Agreement, with any excess to be deposited with the Agent to be held as Collateral for the Obligations and applied by the Agent from time to time to outstanding Revolving Loans promptly upon the Borrower;
(ii) making of such Revolving Loans or, after the Termination Date, to pay any fees or expense reimbursements then due of the unpaid Obligations in such manner as the Agent shall determine in its sole discretion. The 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 2.2(g). The Agent and the Lenders from shall have the Borrower;
(iii) ratably continuing and exclusive right to pay interest due in respect of apply and reverse and reapply any and all outstanding Revolving Loans;
(iv) ratably to pay principal of all outstanding Revolving Loans;
(v) ratably to pay any Obligations due such proceeds and payments to any Lender by Borrower under any Hedging portion of the Obligations consistent with this Agreement.
(vi) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Trump Atlantic City Funding Ii Inc)
Apportionment, Application and Reversal of Payments. (i) Except as otherwise provided with respect to defaulting Defaulting Lenders and except as otherwise provided in the Loan Documents (including 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 Revolving Loans 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 the Agent's sole and ’s separate account, after giving effect to any 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 the 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 Revolving Loans, Obligations or not constituting which relate to the payment of specific fees), and all proceeds of Accounts or other Collateral received by the Agent, shall be applied as in the following orderfollows:
(i) A. first, to pay any fees, or expense reimbursements Lender Group Expenses then due to Agent under the Agent from the Borrower;
(ii) Loan Documents, until paid in full, B. second, to pay any fees or expense reimbursements Lender Group Expenses then due to the Lenders from under the Borrower;
(iii) ratably to pay interest due Loan Documents, on a ratable basis, until paid in respect of all outstanding Revolving Loans;
(iv) ratably to pay principal of all outstanding Revolving Loans;
(v) ratably full, C. third, to pay any Obligations fees then due to any Lender by Borrower Agent under any Hedging Agreement.
(vi) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.Loan Documents until paid in full,
Appears in 1 contract
Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to defaulting Lenders, aggregate principal Principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans to which such payments relate held by each Lender) ), and payments of the fees, except for fees (other than fees designated for payable solely to Agent and the Agent's sole and separate account) shall, as applicable, Letter of Credit Issuer shall be apportioned ratably among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied applied, ratably, as in the following order:
(i) follows: first, to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from the Borrower;
(ii) Borrowers under this Agreement and any other Loan Document; second, to pay any fees fees, ------ indemnities, or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from the Borrower;
(iii) ratably Borrowers under this Agreement and any other Loan Document; third, to pay interest due from Borrowers in ----- respect of all outstanding Revolving Loans, including Non-Ratable Loans and Agent Advances;
(iv) ratably to pay principal of all outstanding Revolving Loans;
(v) ratably to pay any Obligations due to any Lender by Borrower under any Hedging Agreement.
(vi) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Apportionment, Application and Reversal of Payments. (i) Except as otherwise provided with respect to defaulting Defaulting Lenders and except as otherwise provided in the Loan Documents (and 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 Revolving Loans Obligations to which such payments relate held by each Lender, after giving effect to any letter agreements between Agent and individual Lenders) and payments of the fees and expenses (other than fees designated or expenses that are for the Agent's sole and ’s separate account) 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 the 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 Revolving Loans, Obligations or not constituting which relate to the payment of specific fees), and all proceeds of Accounts or other Collateral received by the Agent, Agent shall be applied as in the following orderfollows:
(iA) first, to pay any fees, or expense reimbursements Lender Group Expenses then due to Agent under the Agent from the Borrower;Loan Documents, until paid in full,
(iiB) second, to pay any fees or expense reimbursements Lender Group Expenses then due to the Lenders from under the Borrower;
(iii) ratably to pay interest due Loan Documents, on a ratable basis, until paid in respect of all outstanding Revolving Loans;
(iv) ratably to pay principal of all outstanding Revolving Loans;
(v) ratably to pay any Obligations due to any Lender by Borrower under any Hedging Agreement.
(vi) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.full,
Appears in 1 contract
Samples: Loan and Security Agreement (Peninsula Gaming, LLC)
Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to defaulting Lenders, aggregate principal Principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans held by each Lender and to which such payments relate held by each Lenderrelate) and payments of the fees (other than fees designated for the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders, except for fees payable solely to the Agent and the Letter of Credit Issuer. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, shall be applied as in applied, ratably, subject to the following order:
(i) provisions of this Agreement, FIRST, to pay any fees, indemnities or expense reimbursements then due to the Agent from the Borrower;
(ii) Borrowers; SECOND, to pay any fees or expense reimbursements then due to the Lenders from the Borrower;
(iii) ratably Borrowers; THIRD, to pay interest due in respect of all outstanding Revolving Loans;
(iv) ratably , including Non-Ratable Loans and Agent Advances; FOURTH, to pay or prepay principal of all outstanding Revolving Loans;
(v) ratably the Non-Ratable Loans and Agent Advances; FIFTH, pro rata, to pay any Obligations due to any Lender by Borrower under any Hedging Agreement.
or prepay principal of the Revolving Loans (viother than Non-Ratable Loans and Agent Advances) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.and unpaid reimbursement obligations in respect of Letters
Appears in 1 contract
Samples: Credit Agreement (Andrx Corp /De/)
Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans to which such payments relate held by each Lender) and payments of the fees (other than fees designated for the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans or Swing Line Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, shall be applied as in the following order:
(i) to pay any fees, or expense reimbursements then due to the Agent from the Borrower;
(ii) to pay any fees or expense reimbursements then due to the Lenders from the Borrower;
(iii) ratably to pay interest due in respect of all outstanding Revolving Loans and Swing Line Loans;
(iv) ratably to pay principal of all outstanding Revolving Loans and Swing Line Loans;
(v) ratably to pay any Obligations due to any Lender by Borrower under any Hedging Agreement.
(vi) ratably to pay any other Obligations obligations due to the Agent or any Lender by the Borrower.
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