Common use of Distribution by Agent Clause in Contracts

Distribution by Agent. All payments received by the Agent on behalf of the Lenders on account of principal and interest under this Agreement or the Notes or on account of any fees payable for the account of the Lenders shall be promptly distributed by the Agent to the Lenders (in the type of funds received by the Agent) as follows: (a) if in respect of principal of any Loans made to the Borrower then on a pro rata basis to each of the Lenders holding the Loans in respect of which such payment is being made (b) if in respect of interest paid on the Loans pursuant to Section 3 and the Borrower has designated (in accordance with applicable provisions (if any) of this Agreement relating thereto) that the payments are being made in respect of the Term Loans or Revolving Credit Loans, then on a pro rata basis to each of the Lenders having Term Loans or Revolving Credit Loans, as the case may be, outstanding; (d) if in respect of interest on the Notes and the Borrower has not designated and this Agreement does not otherwise specify whether such payments are being made in respect of Term Loans or Revolving Credit Loans, then to each Lender in the proportion that the aggregate amount of such unpaid interest due on the Loans of each such Lender bears to the aggregate amount of such unpaid interest due on all such Loans; (e) if in respect of fees, then to the Lenders in accordance with their entitlement thereto (based on each Lender's share of the Total Commitment, in the case of the Facility Fee, based on each Lender's share of the Total Revolving Credit Loan Commitment, in the case of the fee described in Section 4.2(a), based on each Lender's share of the Total Term Loan Commitment, in the case of the fees described in Sections 4.2(b) and 4.2(c) and based on each Lender's share of the applicable Term Loans described in Section 4.3, in the case of the Utilization Fee); and (f) if in respect of a payment under Section 5.2(a) hereof, to each Lender in accordance with its entitlement thereto.

Distribution by Agent. All payments received by the Agent on behalf of the Lenders Banks on account of principal and interest under this Agreement or the Notes or on account of any fees payable for the account of the Lenders with respect to Commitment commission shall be promptly distributed by the Agent to the Lenders Banks (in the type of funds received by the Agent) as follows: (a) if in respect of principal and if Borrower has designated that the payments are being made in respect of any Term Loans made to or in respect of the Borrower Revolving Credit Loans, then (in the case of a designation of Term Loans) on a pro rata PRO RATA basis to each of the Lenders holding Banks having Tranche B Term Loans outstanding and then on a PRO RATA basis to each of the Banks having Tranche A Term Loans outstanding, or in the case of a designation of Revolving Credit Loans, on a PRO RATA basis to each of the Banks having Revolving Credit Loans outstanding, as the case may be; (b) if in respect of which such payment is principal and Borrower has not designated whether the payments are being made in respect of the Term Loans or the Revolving Credit Loans, then, first on a PRO RATA basis to each of the Banks having Tranche B Term Loans outstanding, then on a PRO RATA basis to Banks having Tranche A Term Loans outstanding and then on a PRO RATA basis to each of the Banks having Revolving Credit Loans outstanding; (bc) if in respect of interest paid on the Loans pursuant to Section 3 and the Borrower has designated (in accordance with applicable provisions (if any) of this Agreement relating thereto) that the payments are being made in respect of a Term Loans, or in respect of the Term Loans or Revolving Credit Loans, then on a pro rata PRO RATA basis first to each of the Banks having Tranche B Term Loans outstanding, and then on a PRO RATA basis to each of the Lenders Banks having Tranche A Term Loans outstanding, or on a PRO RATA basis to each of the Banks having Revolving Credit LoansLoans outstanding, as the case may be, outstanding; (d) if in respect of interest due on the Notes Loans and the Borrower has not designated and this Agreement does not otherwise specify whether such payments are being made in respect of Term Loans or the Revolving Credit Loans, then to each Lender Bank in the proportion that the aggregate amount of such unpaid interest due on the Loans of each such Lender Bank bears to the aggregate amount of such unpaid interest due on all such Loans; (e) if in respect of feesCommitment commission pursuant to Section 4.1, then to the Lenders in accordance with their entitlement thereto (based on each Lender's share of the Total Commitment, Bank in the case proportion that the Revolving Credit Loan Commitment of the Facility Fee, based on each Lender's share of such Bank bears to the Total Revolving Credit Loan Commitment, in the case of the fee described in Section 4.2(a), based on each Lender's share of the Total Term Loan Commitment, in the case of the fees described in Sections 4.2(b) and 4.2(c) and based on each Lender's share of the applicable Term Loans described in Section 4.3, in the case of the Utilization Fee); and (f) if in respect of a payment under Section 5.2(a) hereof, to each Lender Bank in accordance with its entitlement thereto.

Distribution by Agent. All payments received by the Agent on behalf of the Lenders on account of principal and interest under this Agreement or the Notes or on account of any fees payable for the account of the Lenders shall be promptly distributed by the Agent to the Lenders (in the type of funds received by the Agent) as follows: (a) if in respect of principal of any Loans made to the Borrower then on a pro rata basis to each of the Lenders holding the Loans in respect of which such payment is being made (payments of principal being allocated to Tranche I Loans until all Tranche I Loans have been repaid, and then to Tranche II Loans), (b) if in respect of interest paid on the Loans pursuant to Section 3 and the Borrower has designated (in accordance with applicable provisions (if any) of this Agreement relating thereto) that the payments are being made in respect of the Term Tranche I Loans or Revolving Credit Tranche II Loans, then on a pro rata basis to each of the Lenders having Term Tranche I Loans or Revolving Credit Tranche II Loans, as the case may be, outstanding; (d) if in respect of interest on the Notes and the Borrower has not designated and this Agreement does not otherwise specify whether such payments are being made in respect of Term Tranche I Loans or Revolving Credit Tranche II Loans, then to each Lender in the proportion that the aggregate amount of such unpaid interest due on the Loans of each such Lender bears to the aggregate amount of such unpaid interest due on all such Loans; (e) if in respect of feesfees pursuant to Section 4, then to the Lenders in accordance with their entitlement thereto (based on each Lender's share of the Total Commitment, in the case of the Facility Fee, based on each Lender's share of the Total Revolving Credit Loan Commitment, in the case of the fee described in Section 4.2(a), based on each Lender's share of the Total Term Loan Commitment, in the case of the fees described in Sections 4.2(b) and 4.2(c) and based on each Lender's share of the applicable Term Loans described in Section 4.3, in the case of the Utilization Fee)thereto; and (f) if in respect of a payment under Section 5.2(a) hereof, to each Lender in accordance with its entitlement thereto.