Imputation of Payments Where Sample Clauses

Imputation of Payments Where the Borrower makes a payment or repayment of the Revolving Loans, unless the Borrower issues to the Administrative Agent a Repayment Notice, the Administrative Agent shall apply such payment or repayment: 10.2.1 first, in reduction of the Prime Rate Loans and/or US Base Rate Loans outstanding; and then 10.2.2 in reduction of such of the Revolving BA Liabilities, LC Liabilities and/orCORRA Loans, Term SOFR Rate Loans and/or LC Liabilities outstanding as the case may be, as the Administrative Agent considers appropriate. 10.3 Compulsory Repayment of Revolving BA Liabilities LC Liabilities andCORRA Loans, Term SOFR Rate Loans and LC Liabilities Where the Borrower is required to make a repayment, then, if the amount of the repayment required to be made is greater than the amount of the Prime Rate Loans and the US Base Rate Loans outstanding, then subject to the provisions of Article 18 and Article 19 with respect to losses and expenses, the Borrower shall repay such portion of the relevant Revolving BA Liabilities, LC Liabilities andCORRA Loans, Term SOFR Rate Loans and LC Liabilities prior to a Selected Maturity Date as will permit the Borrower to make such repayment, as set forth in Section 10.4 with respect to Revolving BA Liabilities or in Section 10.5 with respect to LC Liabilities. 10.4 Proceeds Resulting from Repayment of Revolving BALC Liabilities Where the Borrower repays any part of the Revolving BALC Liabilities on any day other than the Selected Maturity Date of the BAsLC to which such Revolving BALC Liabilities relate, with respect to the amount so repaid, the parties hereto do hereby acknowledge and agree: 10.4.1 that same no longer forms part of the patrimony or estate of the Borrower; and 10.4.2 that on the Selected Maturity Date of the BAs constituting such Revolving BA Liabilities, same shall be made available by the Administrative Agent to the Lender or Lenders that accepted such BAs, without any interest thereon, in the same manner as for any other repayment of principal of their Revolving Loans and they shall be responsible for all payments to third parties under such BAs, the Borrower being entirely exonerated from such payment, but only for up to an amount equal to the amount repaid pursuant to this Section; and the Borrower shall have no further liability in respect of each such BA (but only up to the amount repaid under this Section) and the Lender or Lenders that accepted such BAs shall be entitled to all of the benefits of the amount...
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Related to Imputation of Payments Where

  • Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • NOW, THEREFORE the parties agree as follows:

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