DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS Sample Clauses

DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS. (a) So long as no Actionable Default has occurred and is continuing, all amounts distributed to the Agent pursuant to SECTION 4 of the Postpetition Collateral Agency Agreement for application to the Postpetition Obligations shall be applied by the Agent in the following order: FIRST, to the payment of any Fees, Expenses or other Postpetition Obligations due and payable to the Agent under any of the Credit Documents, including Agent Revolving Advances and any other amounts advanced by the Agent on behalf of the Revolving Lenders; SECOND, to the payment of any Fees, Expenses or other Postpetition Obligations due and payable to the Issuing Bank under any of the Credit Documents; THIRD, to the ratable payment of any Fees, Expenses or other Postpetition Obligations due and payable to the Revolving Lenders under any of the Credit Documents other than those Postpetition Obligations specifically referred to in this Section 4.11(A); FOURTH, to the ratable payment of any Fees, Expenses or other Postpetition Obligations due and payable to the Original Term Lenders and the Second Term Lenders under any of the Credit Documents other than those Postpetition Obligations specifically referred to in this Section 4.11(A); FIFTH, to the ratable payment of interest due and payable on the Revolving Loans to the Revolving Lenders; SIXTH, to the ratable payment of principal due on the Revolving Loans to the Revolving Lenders; SEVENTH, to the payment of interest due and payable on the Original Term Loan and the Second Term Loan to the Original Term Lenders and the Second Term Lenders; EIGHTH, to the payment of principal due on the Original Term Loan and the Second Term Loan to the Original Term Lenders and the Second Term Lenders; NINTH, to the payment of any Fees, Expense or other Postpetition Obligations due and payable to the Overadvance Term Lender under any of the Credit Documents other than those Postpetition Obligations specifically referred to in this SECTION 4.11(A); TENTH, to the payment of interest due and payable on the Overadvance Term Loan to the Overadvance Term Lender; and ELEVENTH, to the payment of principal due on the Overadvance Term Loan to the Overadvance Term Lender, it being understood and agreed that, notwithstanding any acceleration of the maturity of the Postpetition Obligations in respect of (i) the Original Term Loan and the Second Term Loan pursuant to SECTION 9.2A or any other provision of this Credit Agreement or any other Credit Document, no amoun...
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DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS. All Collections received by the Agent, and all other amounts received by the Borrowers and delivered to the Agent, shall be credited to the Loan Account; provided, that if an Event of Default has occurred and is continuing, all Collections and other amounts received by Agent shall be distributed and applied in the following order: first, to the payment of any Fees, Expenses or other Obligations due and payable to the Agent under any of the Credit Documents, including Agent Advances and any other amounts advanced by the Agent on behalf of the Lenders; second, to the payment of any Fees, Expenses or other Obligations due and payable to any Issuing Bank under any of the Credit Documents; third, to the ratable payment of any Fees, Expenses or other Obligations due and payable to the Lenders under any of the Credit Documents other than those Obligations specifically referred to in this Section; fourth, to the ratable payment of interest due on the Revolving Loans; and, fifth, to the ratable payment of principal due on the Revolving Loans.
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DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS. All Collections received by the Agent, and all other amounts received by the Borrowers and delivered to the Agent, shall be credited to the Loan Account; PROVIDED, that if an Event of Default has occurred and is continuing, all Collections and other amounts received by Agent shall be distributed and applied in the following order: FIRST, to the payment of any Fees, Expenses or other Post-Petition Obligations due and payable to the Agent under any of the Credit Documents, including Agent Advances and any other amounts advanced by the Agent on behalf of the Lenders; SECOND, to the payment of any Fees, Expenses or other Post-Petition Obligations due and payable to any Issuing Bank under any of the Credit Documents; THIRD, to the ratable payment of any Fees, Expenses or other Post-Petition Obligations due and payable to the Lenders under any of the Credit Documents other than those Post-Petition Obligations
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DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS. All Collections received by the Agent, and all other amounts received by the Borrowers from any account debtor and delivered to the Agent, shall be credited to the Loan Account, unless an Event of Default has occurred and is continuing, in which case such Collections and other amounts shall be distributed and applied in the following order: first, to the payment of any Fees, Expenses or other Obligations due and payable to the Agent under any of the Credit Documents, including Agent Advances and any other amounts advanced by the Agent on behalf of the Lenders; second, to the payment of any Fees, Expenses or other Obligations due and payable to the Issuing Bank under any of the Credit Documents; third, to the ratable payment of any Fees, Expenses or other Obligations due and payable to the Lenders under any of the Credit Documents other than those Obligations specifically referred to in this Section; fourth, to the ratable payment of interest due on the Revolving Loans; and, fifth, to the ratable payment of principal due on the Revolving Loans. Notwithstanding the foregoing, in the event that the Obligations are declared due and payable pursuant to Section 9.2 hereof at a time when Revolving Loans are outstanding against the Tranche B Availability, any distributions for the ratable payment of interest and principal on the Revolving Loans shall be made by the Agent as if no such Tranche B Availability Revolving Loans were outstanding, to the effect that all interest and principal on all other outstanding loans shall be paid prior to the payment of interest and principal on any Revolving Loans outstanding against Tranche B Availability.
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DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS. All Collections received by the Agent, and all other amounts received by the Borrowers from any account debtor or with respect to any Asset Disposition permitted by the terms hereof and delivered to the Agent, shall be credited to the Revolving Loan Account, unless an Event of Default has occurred and is continuing, in which case such Collections and other amounts (including, without limitation, any amounts received from the Guarantor or Charxxx Xxxxxxx xxxsuant to the Guarantees, or any amounts received in connection with any disposition of Collateral pursuant to any of the Collateral Documents) shall be distributed and applied in accordance with the terms of the Intercreditor Agreement.
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DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS. All Collections received by the Agent, and all other amounts received by the Borrowers and delivered to the Agent, shall be credited to the Loan Account; provided, however, that if an Event of Default has occurred and is continuing, all Collections and other amounts received by Agent shall be distributed and applied in the following order: FIRST, to the payment of any Fees, Expenses or other Obligations due and payable to the Agent under any of the Credit Documents, including Agent Advances and any other amounts
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DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS. All Collections received by the Agent, and all other amounts received by the Borrowers and delivered to the Agent, shall be credited to the Loan Account; PROVIDED, that if an Event of Default has occurred and is continuing, all Collections and other amounts received by Agent shall be distributed and applied in the following order: FIRST, to the payment of any Fees, Expenses or other Obligations due and payable to the Agent under any of the Credit Documents, including Agent Advances and any other amounts advanced by the Agent on behalf of the Lenders; SECOND, to the payment of any Fees, Expenses or other Obligations due and payable to
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Related to DISTRIBUTION AND APPLICATION OF COLLECTIONS AND OTHER AMOUNTS

  • PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors’ rights and involving a claim under this Note, then the Company shall pay the costs incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, but not limited to, attorneys’ fees and disbursements.

  • Application of Collections All collections for the Collection Period shall be applied by the Servicer as follows: (a) With respect to each Receivable (other than a Purchased Receivable or a Sold Receivable), payments by or on behalf of the Obligor, (other than Supplemental Servicing Fees with respect to such Receivable, to the extent collected) shall be applied to interest and principal in accordance with the Simple Interest Method. (b) All amounts collected that are payable to the Servicer as Supplemental Servicing Fees hereunder shall be deposited in the Collection Account and paid to the Servicer in accordance with Section 5.7(a).

  • DISTRIBUTIONS AND ADVANCES BY THE SERVICER Section 4.01 Advances..................................................... Section 4.02

  • Application of Net Liquidation Proceeds For all purposes under this agreement, Net Liquidation Proceeds received from a Servicer shall be allocated first to accrued and unpaid interest on the related Mortgage Loan and then to the unpaid principal balance thereof.

  • Application of Amounts in Trust Accounts (a) For so long as any Notes are outstanding, on each Payment Date, the Indenture Trustee will distribute to the Certificateholders, on a pro rata basis, based on the Percentage Interests thereof, the amounts distributable thereto pursuant to Section 5.06 of the Sale and Servicing Agreement and Section 3.01 of the Indenture. From and after the date on which the Notes of all Classes have been paid in full, the Paying Agent shall distribute to the Certificateholders (i) amounts released to the Trust pursuant to Sections 4.02 and 8.05(b) of the Indenture and Section 5.01(d) of the Sale and Servicing Agreement and (ii) amounts that are distributable to the Certificateholders in accordance with the instructions of the Servicer pursuant to Section 5.06 of the Sale and Servicing Agreement. (b) On each Payment Date, the Owner Trustee shall send to the Certificateholders the statement provided to the Owner Trustee by the Servicer pursuant to Section 5.09 of the Sale and Servicing Agreement with respect to such Payment Date. (c) In the event that any withholding tax is imposed on the Trust’s distributions (or allocations of income) to a Certificateholder, such tax shall reduce the amount otherwise distributable to the Certificateholders in accordance with this Section. The Owner Trustee and Paying Agent (and the Indenture Trustee, to the extent the Indenture Trustee is then making distributions to Certificateholders) are hereby authorized and directed to retain from amounts otherwise distributable to the Certificateholders sufficient funds for the payment of any tax that is legally owed by the Trust (but such authorization shall not prevent the Owner Trustee from contesting any such tax in appropriate proceedings, and withholding payment of such tax, if permitted by law, pending the outcome of such proceedings). The amount of any withholding tax imposed with respect to a Certificateholder shall be treated as cash distributed to such Certificateholder at the time it is withheld by the Trust and remitted to the appropriate taxing authority. If there is a possibility that withholding tax is payable with respect to any distribution (such as any distribution to a Non-U.S. Person), in order to comply with applicable law, the Owner Trustee may, in its sole discretion and without liability, withhold such amounts in accordance with this paragraph (c). In the event that a Certificateholder wishes to apply for a refund of any such withholding tax, the Owner Trustee shall reasonably cooperate with such Certificateholder in making such claim so long as such Certificateholder agrees to reimburse the Owner Trustee for any out-of-pocket expenses incurred in connection therewith.

  • Collection of Income and Other Payments (A) collect and receive for the account of each Portfolio, all income, dividends, distributions, coupons, option premiums, other payments and similar items, included or to be included in the Property, and, in addition, promptly advise each Portfolio of such receipt and credit such income to each Portfolio's custodian account; (B) endorse and deposit for collection, in the name of the Fund, checks, drafts, or other orders for the payment of money; (C) receive and hold for the account of each Portfolio all securities received as a distribution on the Portfolio's securities as a result of a stock dividend, share split-up or reorganization, recapitalization, readjustment or other rearrangement or distribution of rights or similar securities issued with respect to any securities belonging to a Portfolio and held by PFPC Trust hereunder; (D) present for payment and collect the amount payable upon all securities which may mature or be called, redeemed, retired or otherwise become payable (on a mandatory basis) on the date such securities become payable; and (E) take any action which may be necessary and proper in connection with the collection and receipt of such income and other payments and the endorsement for collection of checks, drafts, and other negotiable instruments.

  • Distributions and Advances by the Master Servicer 65 SECTION 4.1 Advances..........................................................................................65 SECTION 4.2 Priorities of Distribution........................................................................65

  • Distribution of Collateral Proceeds In the event that, following the occurrence or during the continuance of any Default or Event of Default, the Administrative Agent or any Lender, as the case may be, receives any monies in connection with the enforcement of any of the Security Documents, or otherwise with respect to the realization upon any of the Collateral, such monies shall be distributed for application as follows: (a) First, to the payment of, or (as the case may be) the reimbursement of the Administrative Agent, in its capacity as such, for or in respect of all reasonable costs, expenses, disbursements and losses which shall have been incurred or sustained by the Administrative Agent in connection with the collection of such monies by the Administrative Agent, for the exercise, protection or enforcement by the Administrative Agent of all or any of the rights, remedies, powers and privileges of the Administrative Agent under this Credit Agreement or any of the other Loan Documents or in respect of the Collateral or in support of any provision of adequate indemnity to the Administrative Agent against any taxes or liens which by law shall have, or may have, priority over the rights of the Administrative Agent to such monies; (b) Second, to all other Obligations in such order or preference as the Required Lenders may determine; provided, however, that (i) distributions shall be made (A) pari passu among Obligations with respect to the Administrative Agent’s Fee and all other Obligations and (B) with respect to each type of Obligation owing to the Lenders, such as interest, principal, fees and expenses, among the Lenders pro rata across all Tranches and (ii) the Administrative Agent may in its discretion make proper allowance to take into account any Obligations not then due and payable; (c) Third, upon payment and satisfaction in full in cash or other provisions for payment in full satisfactory to the Lenders and the Administrative Agent of all of the Obligations, to the payment of any obligations required to be paid pursuant to §9-615 of the UCC of the State of New York; and (d) Fourth, the excess, if any, shall be returned to the Borrower or to such other Persons as are entitled thereto.

  • Distribution of Proceeds In the event that, following the occurrence and during the continuance of any Event of Default, any monies are received in connection with the enforcement of any of the Loan Documents, or otherwise with respect to the realization upon any of the assets of the Borrower or the Guarantors, such monies shall be distributed for application as follows: (a) First, to the payment of, or (as the case may be) the reimbursement of the Agent for or in respect of, all reasonable out-of-pocket costs, expenses, disbursements and losses which shall have been paid, incurred or sustained by the Agent in connection with the collection of such monies by the Agent, for the exercise, protection or enforcement by the Agent of all or any of the rights, remedies, powers and privileges of the Agent or the Lenders under this Agreement or any of the other Loan Documents or in support of any provision of adequate indemnity to the Agent against any taxes or liens which by law shall have, or may have, priority over the rights of the Agent or the Lenders to such monies; (b) Second, to all other Obligations and Hedge Obligations (including any interest, expenses or other obligations incurred after the commencement of a bankruptcy or other proceeding under any Insolvency Law) in such order or preference as the Majority Lenders shall determine; provided, that (i) Swing Loans shall be repaid first, (ii) distributions in respect of such other Obligations shall include, on a pari passu basis, any Agent’s fee payable pursuant to §4.2, (iii) in the event that any Lender is a Defaulting Lender, payments to such Lender shall be governed by §2.13, and (iv) except as otherwise provided in clause (iii), Obligations owing to the Lenders with respect to each type of Obligation such as interest, principal, fees and expenses and Hedge Obligations (but excluding the Swing Loans) shall be made among the Lenders and Lender Hedge Providers, pro rata, and as between the Revolving Credit Loans and Term Loans pro rata; and provided, further that the Majority Lenders may in their discretion make proper allowance to take into account any Obligations not then due and payable; and (c) Third, the excess, if any, shall be returned to the Borrower or to such other Persons as are entitled thereto.

  • Allocations of Finance Charge Collections The Servicer shall allocate to the Series 1997-1 Certificateholders and retain in the Collection Account for application as provided herein an amount equal to the product of (A) the Floating Allocation Percentage and (B) the Series 1997-1 Allocation Percentage and (C) the aggregate amount of Collections of Finance Charge Receivables deposited in the Collection Account on such Deposit Date.

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