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

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting Lenders, principal and interest payments and payments of fees (other than fees designated for the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each individual Lender). All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Obligations or not constituting payment of specific fees, and all proceeds of 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) to pay interest due in respect of all outstanding Advances; (iv) ratably to pay principal of all outstanding Advances, such payment to be made, first, to the outstanding Base Rate Advances and, second, to the outstanding LIBOR Rate Advances (in the order of their maturity); and (v) 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 (Corrections Corp of America/Md)

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Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting defaulting 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 the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each individual Lender)Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Obligations Advances or loans, or not constituting payment of specific fees, and all proceeds of Collateral received by the Agent, shall be applied as in the following order: (i) to pay any fees 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) to pay interest due in respect of all outstanding AdvancesLoans; (iv) ratably to pay principal of all outstanding Advances, such payment to be made, first, to the outstanding Base Rate Advances and, second, to the outstanding LIBOR Rate Advances (in the order of their maturity)Loans; and (v) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.

Appears in 1 contract

Samples: Loan Agreement (CTC Communications Corp)

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting defaulting 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 the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each individual Lender)Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Obligations Advances or 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 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) to pay interest due in respect of all outstanding Advances; ; (iv) to pay fees, charges, commission, and costs in respect of all outstanding Letters of Credit; (v) ratably to pay principal of all outstanding Advances, such payment to be made, first, to the outstanding Base Rate Advances and, second, to the outstanding LIBOR Rate Advances (in the order of their maturity); and (v) 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 (CTC Communications Corp)

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Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting 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 (according to the unpaid principal balance of the Obligations to which such payments relate held by each individual Lender)Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Obligations 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 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) to pay interest due in respect of all outstanding AdvancesRevolving Loans; (iv) ratably to pay principal of all outstanding Advances, such payment to be made, first, to the outstanding Base Rate Advances and, second, to the outstanding LIBOR Rate Advances (in the order of their maturity); andRevolving Loans; (v) ratably to pay any other Obligations obligations due to the Agent or any Lender by the Borrower.

Appears in 1 contract

Samples: Credit and Security Agreement (Sm&a Corp)

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