Common use of Enforcement; Application of Payments Clause in Contracts

Enforcement; Application of Payments. Upon the occurrence and during the continuance of a Default, the Administrative Agent may proceed directly and at once, without notice, against any one or more of the Guarantors to obtain performance of and to collect and recover the full amount, or any portion, of the Obligations then due, without first proceeding against the Borrower, any other Guarantor or any other Person, or against any security or collateral for the Obligations. Subject only to the terms and provisions of the Credit Agreement, the Administrative Agent shall have the exclusive right to determine the application of payments and credits, if any, from the Guarantors, the Borrower or from any other Person on account of the Obligations or any other liability of the Guarantors to any Lender.

Appears in 10 contracts

Samples: Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers Inc)

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Enforcement; Application of Payments. Upon the occurrence and during the continuance of a Default, the Administrative Agent may proceed directly and at once, without notice, against any one or more of the Guarantors Guarantor to obtain performance of and to collect and recover the full amount, or any portion, of the Obligations then dueObligations, without first proceeding against the Borrower, any other Guarantor Borrower or any other Person, or against any security or collateral for the Obligations. Subject only to the terms and provisions of the Credit Agreement, the Administrative Agent shall have the exclusive right to determine the application of payments and credits, if any, from the GuarantorsGuarantor, the Borrower or from any other Person on account of the Obligations or any other liability of the Guarantors Guarantor to any Lender.

Appears in 5 contracts

Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

Enforcement; Application of Payments. Upon the occurrence and during the continuance of a Default, the Administrative Agent may proceed directly and at once, without notice, against the Guarantors or any one or more of the Guarantors them to obtain performance of and to collect and recover the full amount, or any portion, of the Obligations then dueObligations, without first proceeding against the Borrower, any other Guarantor Borrower or any other Person, or against any security or collateral for the Obligations. Subject only to the terms and provisions of the Credit Agreement, the Administrative Agent shall have the exclusive right to determine the application of payments and credits, if any, from the Guarantors, the Borrower or from any other Person on account of the Obligations or any other liability of the Guarantors Guarantor to any Lender.

Appears in 3 contracts

Samples: Assignment Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

Enforcement; Application of Payments. Upon the occurrence and during the continuance continuation of a Defaultan Event of Default under the Loan Agreement, the Collateral Agent or the Administrative Agent may proceed directly and at once, without notice, against any one or more of the Guarantors Guarantor to obtain performance of and to collect and recover the full amount, or any portion, of the Obligations then dueObligations, without first proceeding against the any Borrower, any other Guarantor guarantor of the Obligations or any other Person, or against any security or collateral for the Obligations. Subject only to the terms and provisions of the Credit Loan Agreement, the Administrative Agent shall have the exclusive right to determine the application of payments and credits, if any, from the GuarantorsGuarantor, the Borrower or from any other Person or from the Pledged Collateral on account of the Obligations or any other liability of the Guarantors Guarantor to any Lenderthe Administrative Agent, the Collateral Agent or the Lenders.

Appears in 1 contract

Samples: Guaranty (Paetec Corp)

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Enforcement; Application of Payments. Upon the occurrence and during the continuance of a an Event of Default, the Administrative Agent may proceed directly and at once, without notice, against any one or more of the Guarantors to obtain performance of and to collect and recover the full amount, or any portion, of the Obligations then dueGuaranteed Obligations, without first proceeding against the Borrower, Borrower or any other Guarantor Guarantors hereunder, or any other Person, or against any security or collateral for the Guaranteed Obligations. Subject only to the terms and provisions of the Credit Agreement, the Administrative Agent shall have the exclusive right to determine the application of payments and credits, if any, from any of the Guarantors, the Borrower or from any other Person on account of the Guaranteed Obligations or any other liability of any of the Guarantors to the Agent or any Lenderother Holder of Secured Obligations.

Appears in 1 contract

Samples: American Classic Voyages Co

Enforcement; Application of Payments. Upon the occurrence and during the continuance of a Default, the Administrative Agent may proceed directly and at once, without notice, against any one or more of the Guarantors to obtain performance of and to collect and recover the full amount, or any portion, of the Obligations then due, without first proceeding against the Borrower, any other Guarantor or any other Person, or against any security or collateral for the Obligations. Subject only to the terms and provisions of the Credit Agreement, the Administrative Agent shall have the exclusive right to determine the application of payments and credits, if any, from the Guarantors, the Borrower or from any other Person on account of the Obligations or any other liability of the Guarantors to any Lender. 4.

Appears in 1 contract

Samples: Credit Agreement (Toll Brothers Inc)

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