Common use of Event of Default or No Direction Clause in Contracts

Event of Default or No Direction. If an Event of Default exists, or if Borrower fails timely to give direction, any payment (including proceeds from the exercise of any Rights) shall be applied in the following order: (i) To all fees and expenses for which Administrative Agent or Lenders have not been paid or reimbursed in accordance with the Credit Documents (and if such payment is less than all unpaid or unreimbursed fees and expenses, then the payment shall be paid against unpaid and unreimbursed fees and expenses in the order of incurrence or due date); (ii) to accrued interest on the Principal Debt; (iii) to any LC reimbursement obligations that are due and payable and that remain unfunded by any Borrowing under the Revolving Facility; (iv) to the remaining Principal Debt in the order as Required Lenders may elect (but Required Lenders agree to apply proceeds in an order that will minimize any Funding Loss); (v) to the remaining Obligation in the order and manner Required Lenders deem appropriate; (vi) as a deposit with Administrative Agent, for the benefit of Lenders, as security for and payment of any subsequent LC reimbursement obligations.

Appears in 2 contracts

Sources: Credit Agreement (Ultrak Inc), Credit Agreement (Ultrak Inc)

Event of Default or No Direction. If an Event of Default exists, or Potential Default has occurred and is continuing (or if any Borrower fails timely to give directiondirection as permitted under Section 3.11(a)), any payment or prepayment (including proceeds from the exercise of any Rights) shall be applied in the following order: (i) To to all fees and expenses for which Administrative Agent or Lenders have not been paid or reimbursed in accordance with the Credit Documents (and if such payment or prepayment is less than all unpaid or unreimbursed fees and expenses, then the payment or prepayment shall be paid against unpaid and unreimbursed fees and expenses in the order of incurrence or due date); (ii) to accrued interest on the Principal Debt; (iii) to any LC reimbursement obligations that are due and payable and that remain unfunded by any Borrowing under the Revolving Facility; (iv) to the remaining Principal Debt in the such order as Required Lenders may elect (but provided that Required Lenders agree to will apply such proceeds in an order that will minimize any Funding Consequential Loss); and (viv) to the remaining Obligation in the order and manner Required Lenders deem appropriate; (vi) as a deposit with Administrative Agent, for the benefit of Lenders, as security for and payment of any subsequent LC reimbursement obligations.

Appears in 2 contracts

Sources: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Commercial Trust /Tx)

Event of Default or No Direction. If an Event of Default exists, or Potential Default has occurred and is continuing (or if Borrower fails timely to give directiondirection as permitted under Section 3.11(a)), any payment or prepayment (including proceeds from the exercise of any Rights) shall be applied in the following order: (i) To to all fees and expenses for which Administrative Agent or Lenders have not been paid or reimbursed in accordance with the Credit Documents (and if such payment or prepayment is less than all unpaid or unreimbursed fees and expenses, then the payment or prepayment shall be paid against unpaid and unreimbursed fees and expenses in the order of incurrence or due date); (ii) to accrued interest on the Principal Debt; (iii) to any LC reimbursement obligations that are due and payable and that remain unfunded by any Borrowing under the Revolving Facility; (iv) to the remaining Principal Debt in the such order as Required Lenders may elect (but provided that Required Lenders agree to will apply such proceeds in an order that will minimize any Funding Consequential Loss); and (viv) to the remaining Obligation in the order and manner Required Lenders deem appropriate; (vi) as a deposit with Administrative Agent, for the benefit of Lenders, as security for and payment of any subsequent LC reimbursement obligations.

Appears in 2 contracts

Sources: Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (PMC Capital Inc)