Common use of Collections and Disbursements Clause in Contracts

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the Notes, and to collect and receive all reimbursements due hereunder, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents with regard to the Notes, and Agent will remit to each Purchaser, according to its pro rata percentage, all such payments actually received by Agent in accordance with the settlement procedures established from time to time. Settlements shall occur on such dates as Agent may elect in its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasers. (b) If any such payment received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or the other Purchase Documents, each Purchaser will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage of the amounts so rescinded or returned, together with interest and other fees thereon so rescinded or returned. (c) All payments by Agent and Purchasers to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts and records reflecting the interest of each Purchaser in the Notes, in a manner customary to Agent’s keeping of such records, which books and records shall be available for inspection by each Purchaser at reasonable times during normal business hours, at such Purchaser’s sole expense. Agent may treat the payees of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3. In the event that any Purchaser shall receive any payment in reduction of the Notes in an amount greater than its applicable pro rata percentage in respect of obligations to Purchasers evidenced hereby (including, without limitation amounts obtained by reason of setoffs) such Purchaser shall hold such excess in trust for Agent (on behalf of all other Purchasers) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser hereunder shall at all times be in accordance with its applicable pro rata percentage. If, however, any Purchaser that has received any such excess amount fails to remit such amount to the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties before the date of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note as a result of the payment of any excess amount.

Collections and Disbursements. (a) The Agent will have the right to collect and receive all payments of the Notes, and to collect and receive all reimbursements due hereunderObligations, together with all fees, charges or and other amounts due under this Agreement and the other Purchase Documents with regard to the NotesLoan Documents, and the Agent will remit to each Purchaser, Lender according to its pro rata percentage, applicable Pro Rata Percentages all such payments actually received by Agent in accordance with (subject to any required clearance procedures) on the settlement procedures established from time same Business Day of receipt thereof (but if such payments shall not have been received by the Agent prior to time. Settlements shall occur 12:00 noon Eastern Time on such dates as Agent may elect in its sole discretionBusiness Day then, but which shall be no later than two (2) on the next Business Days after request by the Required PurchasersDay). (b) On the Business Day for which notice is given Lenders by Agent with respect to requested Advances (which notice shall state the date and amount of such payment), each Lender shall remit to the Agent its Pro Rata Percentage of the payment in respect to such Advance. The obligations of Lenders hereunder are unconditional, not subject to set-off, and irrevocable and may not be terminated at any time. (c) If any such payment received by the Agent is rescinded rescinded, determined to be unenforceable or invalid or is otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or and the other Purchase Loan Documents, each Purchaser Lender will, upon written notice from the Agent, promptly pay over to the Agent its pro rata percentage Pro Rata Percentage of the amounts amount so rescinded rescinded, held unenforceable or invalid or required to be returned, together with interest and other fees thereon so if also required to be rescinded or returned. (cd) All payments by the Agent and Purchasers the Lenders to each other hereunder shall be in immediately available funds. The Agent will at all times maintain proper books of accounts account and records reflecting the interest of each Purchaser Lender in the NotesCredit Facility, in a manner customary to the Agent’s 's keeping of such records, which books and records shall be available for inspection by each Purchaser Lender at reasonable times during normal business hours, at such Purchaser’s Lender's sole expense. Agent may treat the payees of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3. In the event that any Purchaser Lender shall receive any payment payments in reduction of the Notes Obligations in an amount greater than its applicable pro rata percentage Pro Rata Percentage in respect of obligations indebtedness to Purchasers the Lenders evidenced hereby (including, without limitation amounts obtained by reason of setoffs) ), such Purchaser Lender shall hold such excess in trust IN TRUST for Agent (on behalf of all other PurchasersLenders) and shall promptly remit to the Agent such excess amount so that the amounts received by each Purchaser Lender hereunder shall at all times be in accordance with its applicable pro rata percentagePro Rata Percentage. If, however, any Purchaser that has received any such excess amount fails To the extent necessary for each Lender's actual percentage of all outstanding Loans to remit such amount to the Agentequal its applicable Pro Rata Percentage, the Agent Lender having a greater share of any payment(s) than its applicable Pro Rata Percentage shall reallocate acquire a participation in the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties before the date applicable outstanding balances of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note as a result Pro Rata Shares of the payment of any excess amountother Lenders as determined by Agent.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the NotesObligations, and to collect and receive all reimbursements due hereunderfor draws made under the Letters of Credit, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents with regard to the NotesLoan Documents, and Agent will remit to each PurchaserLender, according to its pro rata percentageapplicable Pro Rata Percentage, all such payments actually received by Agent (subject to any required clearance procedures) in accordance with the settlement procedures established by Agent from time to time. Settlements shall occur , provided that each Lender acknowledges that the Agent Fee and issuance and other administrative fees for Letters of Credit and interest on such dates as the Swing Line may be retained by Agent may elect in for its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasersown account. (b) If any such payment payment, other than the Agent Fee, received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or and the other Purchase Loan Documents, each Purchaser Lender will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage Pro Rata Percentage of the amounts amount so rescinded or returned, together with interest and other fees thereon so if also required to be rescinded or returned. (c) All payments by Agent and Purchasers Lenders to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts account and records reflecting the interest of each Purchaser Lender in the NotesRevolving Loan, in a manner customary to Agent’s 's keeping of such records, which books and records shall be available for inspection by each Purchaser Lender at reasonable times during normal business hours, at such Purchaser’s Lender's sole expense. Agent may treat the payees of any Revolving Loan Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3Agent. In the event that any Purchaser Lender shall receive any payment payments in reduction of the Notes Revolving Loan in an amount greater than its applicable pro rata percentage Pro Rata Percentage in respect of obligations indebtedness to Purchasers Lenders evidenced hereby (including, without limitation amounts obtained by reason of setoffs) ), such Purchaser Lender shall hold such excess in trust for Agent (on behalf of all other PurchasersLenders) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser Lender hereunder shall at all times be in accordance with its applicable pro rata percentagePro Rata Percentage. If, howeverTo the extent necessary for each Lender's actual percentage of all outstanding Advances to equal its applicable Pro Rata Percentage, any Purchaser that has received Lender having a greater share of any such excess amount fails to remit such amount to payment(s) than its applicable Pro Rata Percentage shall acquire a participation in the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties before the date applicable Pro Rata Percentage of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note Lenders as a result of the payment of any excess amountdetermined by Agent.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the Notes, and to collect and receive all reimbursements due hereunder, together with all fees, charges or other amounts due under this Agreement and the other Purchase Transaction Documents with regard to the Notes, and Agent will remit to each Purchaser, according to its pro rata percentage, all such payments actually received by Agent in accordance with the settlement procedures established from time to time. Settlements shall occur on such dates as Agent may elect in its sole discretion, but which date shall be no later than two (2) Business Days after request by the Required PurchasersAgent. (b) If any such payment received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or the other Purchase Transaction Documents, each Purchaser will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage of the amounts so rescinded or returned, together with interest and other fees thereon so rescinded or returned. (c) All payments by Agent and Purchasers to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts and records reflecting the interest of each Purchaser in the Notes, in a manner customary to Agent’s keeping of such records, which books and records shall be available for inspection by each Purchaser at reasonable times during normal business hours, at such Purchaser’s sole expense. Agent may treat the payees of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3. In the event that any Purchaser shall receive any payment in reduction of the Notes in an amount greater than its applicable pro rata percentage in respect of obligations to Purchasers evidenced hereby (including, without limitation amounts obtained by reason of setoffs) such Purchaser shall hold such excess in trust for Agent (on behalf of all other Purchasers) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser hereunder shall at all times be in accordance with its applicable pro rata percentage. If, however, any Purchaser that has received any such excess amount fails to remit such amount to the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties Company to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties Company before the date of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note as a result of the payment of any excess amount.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the NotesObligations, and to collect and receive all reimbursements due hereunderfor draws made under the Letters of Credit, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents with regard to the NotesLoan Documents, and Agent will remit to each PurchaserLender, according to its pro rata percentageapplicable Pro Rata Percentage, all such payments actually received by Agent (subject to any required clearance procedures) in accordance with the settlement procedures established by Agent from time to time. Settlements shall occur , provided that each Lender acknowledges that the Agent Fee and issuance and other administrative fees for Letters of Credit and interest on such dates as the Swing Line may be retained by Agent may elect in for its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasersown account. (b) If any such payment payment, other than the Agent Fee, received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or and the other Purchase Loan Documents, each Purchaser Lender will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage Pro Rata Percentage of the amounts amount so rescinded or returned, together with interest and other fees thereon so if also required to be rescinded or returned. (c) All payments by Agent and Purchasers Lenders to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts account and records reflecting the interest of each Purchaser Lender in the NotesRevolving Loans, in a manner customary to Agent’s 's keeping of such records, which books and records shall be available for inspection by each Purchaser Lender at reasonable times during normal business hours, at such Purchaser’s Lender's sole expense. Agent may treat the payees of any Revolving Loan Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3Agent. In the event that any Purchaser Lender shall receive any payment payments in reduction of the Notes Revolving Loans in an amount greater than its applicable pro rata percentage Pro Rata Percentage in respect of obligations indebtedness to Purchasers Lenders evidenced hereby (including, without limitation amounts obtained by reason of setoffs) ), such Purchaser Lender shall hold such excess in trust for -------- Agent (on behalf of all other PurchasersLenders) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser Lender hereunder shall at all times be in accordance with its applicable pro rata percentagePro Rata Percentage. If, howeverTo the extent necessary for each Lender's actual percentage of all outstanding Advances to equal its applicable Pro Rata Percentage, any Purchaser that has received Lender having a greater share of any such excess amount fails to remit such amount to payment(s) than its applicable Pro Rata Percentage shall acquire a participation in the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties before the date applicable Pro Rata Percentage of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note Lenders as a result of the payment of any excess amountdetermined by Agent.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the Term Notes, and to collect and receive all reimbursements due hereunder, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents Other Agreements with regard to the Term Notes, and Agent will remit to each PurchaserLender, according to its pro rata percentage, all such payments actually received by Agent in accordance with the settlement procedures established from time to time. Settlements shall occur on such dates as Agent may elect in its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasers. (b) following receipt thereof. If any such payment received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or the other Purchase DocumentsOther Agreements, each Purchaser Lender will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage of the amounts so rescinded or returned, together with interest and other fees thereon so rescinded or returned. (c) . All payments by Agent and Purchasers Lenders to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts and records reflecting the interest of each Purchaser Lender in the Term Notes, in a manner customary to Agent’s 's keeping of such records, which books and records shall be available for inspection by each Purchaser Lender at reasonable times during normal business hours, at such Purchaser’s Lender's sole expense. Agent may treat the payees of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3this Agreement. In the event that any Purchaser Lender shall receive any payment in reduction of the Term Notes in an amount greater than its applicable pro rata percentage in respect of obligations to Purchasers Lender evidenced hereby (including, without limitation amounts obtained by reason of setoffs) such Purchaser Lender shall hold such excess in trust for Agent (on behalf of all other PurchasersLenders) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser Lender hereunder shall at all times be in accordance with its applicable pro rata percentage. If, however, any Purchaser Lender that has received any such excess amount fails to remit such amount to the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser Lender so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties Borrowers to each Purchaser Lender shall be in an amount equal to the pro rata amount owed by the Loan Parties Borrowers before the date of the payment of such excess amount. In no event shall any Purchaser Lender be deemed to have a participation or other right in, to or against any other Purchaser’s Lender's Note as a result of the payment of any excess amount.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the Notes, and to collect and receive all reimbursements due hereunder, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents with regard to the Notes, and Agent will remit to each Purchaser, according to its pro rata percentage, all such payments actually received by Agent in accordance with the settlement procedures established from time to time. Settlements shall occur on such dates as Agent may elect in its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasers. (b) If any such payment received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or the other Purchase Documents, each Purchaser will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage of the amounts so rescinded or returned, together with interest and other fees thereon so rescinded or returned. (c) All payments by Agent and Purchasers to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts and records reflecting the interest of each Purchaser in the Notes, in a manner customary to Agent’s keeping of such records, which books and records shall be available for inspection by each Purchaser at reasonable times during normal business hours, at such Purchaser’s sole expense. Agent may treat the payees payee of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3. In the event that any Purchaser shall receive any payment in reduction of the Notes in an amount greater than its applicable pro rata percentage in respect of obligations to Purchasers Purchaser evidenced hereby (including, without limitation amounts obtained by reason of setoffs) such Purchaser shall hold such excess in trust for Agent (on behalf of all other Purchasers) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser hereunder shall at all times be in accordance with its applicable pro rata percentage. If, however, any Purchaser that has received any such excess amount fails to remit such amount to the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties before the date of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note as a result of the payment of any excess amount.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the Notes, and to collect and receive all reimbursements due hereunder, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents with regard to the Notes, and Agent will remit to each Purchaser, according to its pro rata percentage, all such payments actually received by Agent (other than pursuant to the Fee Letter) in accordance with the settlement procedures established from time to time. Settlements shall occur on such dates as Agent may elect in its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasersfollowing receipt thereof. (b) If any such payment received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or the other Purchase Documents, each Purchaser will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage of the amounts so rescinded or returned, together with interest and other fees thereon so rescinded or returned. (c) All payments by Agent and Purchasers to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts and records reflecting the interest of each Purchaser in the Notes, in a manner customary to Agent’s 's keeping of such records, which books and records shall be available for inspection by each Purchaser at reasonable times during normal business hours, at such Purchaser’s 's sole expense. Agent may treat the payees of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.36.3 hereof. In the event that any Purchaser shall receive any payment in reduction of the Notes in an amount greater than its applicable pro rata percentage in respect of obligations to Purchasers Purchaser evidenced hereby (including, without limitation amounts obtained by reason of setoffs) such Purchaser shall hold such excess in trust for Agent (on behalf of all other Purchasers) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser hereunder shall at all times be in accordance with its applicable pro rata percentage. If, however, any Purchaser that has received any such excess amount fails to remit such amount to the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the 63 pro rata obligations owed by the Loan Parties Company to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties Company before the date of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s 's Note as a result of the payment of any excess amount.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the Notes, and to collect and receive all reimbursements due hereunder, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents with regard to the Notes, and Agent will remit to each Purchaser, according to its pro rata percentage, all such payments actually received by Agent (other than pursuant to the Fee Letter to the extent such Fee Letter calls for a different allocation of fees) in accordance with the settlement procedures established from time to time. Settlements shall occur on such dates as Agent may elect in its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasersfollowing receipt thereof. (b) If any such payment received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or the other Purchase Documents, each Purchaser will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage of the amounts so rescinded or returned, together with interest and other fees thereon so rescinded or returned. (c) All payments by Agent and Purchasers to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts and records reflecting the interest of each Purchaser in the Notes, in a manner customary to Agent’s keeping of such records, which books and records shall be available for inspection by each Purchaser at reasonable times during normal business hours, at such Purchaser’s sole expense. Agent may treat the payees of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.3. In the event that any Purchaser shall receive any payment in reduction of the Notes in an amount greater than its applicable pro rata percentage in respect of obligations to Purchasers Purchaser evidenced hereby (including, without limitation amounts obtained by reason of setoffs) such Purchaser shall hold such excess in trust for Agent (on behalf of all other Purchasers) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser hereunder shall at all times be in accordance with its applicable pro rata percentage. If, however, any Purchaser that has received any such excess amount fails to remit such amount to the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties Company to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties Company before the date of the Note and Equity Purchase Agreement 93 payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note as a result of the payment of any excess amount.

Collections and Disbursements. (a) Agent will have the right to collect and receive all payments of the Notes, and to collect and receive all reimbursements due hereunder, together with all fees, charges or other amounts due under this Agreement and the other Purchase Documents with regard to the Notes, and Agent will remit to each Purchaser, according to its pro rata percentage, all such payments actually received by Agent (other than pursuant to the Fee Letter) in accordance with the settlement procedures established from time to time. Settlements shall occur on such dates as Agent may elect in its sole discretion, but which shall be no later than two (2) Business Days after request by the Required Purchasersfollowing receipt thereof. (b) If any such payment received by Agent is rescinded or otherwise required to be returned for any reason at any time, whether before or after termination of this Agreement or the other Purchase Documents, each Purchaser will, upon written notice from Agent, promptly pay over to Agent its pro rata percentage of the amounts so rescinded or returned, together with interest and other fees thereon so rescinded or returned. (c) All payments by Agent and Purchasers to each other hereunder shall be in immediately available funds. Agent will at all times maintain proper books of accounts and records reflecting the interest of each Purchaser in the Notes, in a manner customary to Agent’s keeping of such records, which books and records shall be available for inspection by each Purchaser at reasonable times during normal business hours, at such Purchaser’s sole expense. Agent may treat the payees of any Note as the holder thereof until written notice of the transfer thereof shall have been received by Agent in accordance with Section 6.36.3 hereof. In the event that any Purchaser shall receive any payment in reduction of the Notes in an amount greater than its applicable pro rata percentage in respect of obligations to Purchasers Purchaser evidenced hereby (including, without limitation amounts obtained by reason of setoffs) such Purchaser shall hold such excess in trust for Agent (on behalf of all other Purchasers) and shall promptly remit to Agent such excess amount so that the amounts received by each Purchaser hereunder shall at all times be in accordance with its applicable pro rata percentage. If, however, any Purchaser that has received any such excess amount fails to remit such amount to the Agent, the Agent shall reallocate the amounts paid on the next payment date to each Purchaser so that, after giving effect to such payments, the pro rata obligations owed by the Loan Parties to each Purchaser shall be in an amount equal to the pro rata amount owed by the Loan Parties before the date of the payment of such excess amount. In no event shall any Purchaser be deemed to have a participation or other right in, to or against any other Purchaser’s Note as a result of the payment of any excess amount.