Common use of Insufficient Funds Clause in Contracts

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C Obligations, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, toward payment of principal of unreimbursed L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards payment of principal of Loans then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 8 contracts

Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)

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Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts payments of principalprincipal of Loans, unreimbursed L/C ObligationsLC Disbursements, interest interest, fees and fees commissions then due hereunder, such funds shall be applied (i) first, toward towards payment of interest interest, fees and fees commissions then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest interest, fees and fees commissions then due to such parties, parties and (ii) second, toward payment of principal of unreimbursed L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards payment of principal of Loans and unreimbursed LC Disbursements, then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal of Loans and unreimbursed LC Disbursements, then due to such parties.

Appears in 4 contracts

Samples: Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & Co), Credit Agreement (Tiffany & Co)

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C ObligationsBorrowings, interest and fees then due hereunder, such funds shall be applied (i) first, towards indemnities, expenses and other amounts (other than principal, interest and fees) then due hereunder, ratably among the parties entitled thereto in accordance with the amounts then due to such parties, (ii) second, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, toward payment of principal of unreimbursed L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards toward payment of principal of Loans and L/C Borrowings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (CrossAmerica Partners LP), Credit Agreement, Credit Agreement (CrossAmerica Partners LP)

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C ObligationsBorrowings, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, toward payment of principal of unreimbursed L/C Obligations interest then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations interest then due to such parties, and (iii) third, towards toward payment of principal of Loans and L/C Borrowings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

Appears in 3 contracts

Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C ObligationsBorrowings, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of interest and fees then due hereunderhereunder (other than in respect of Bank Product Debt), ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, toward payment of principal amount of unreimbursed any L/C Obligations then due from the Borrowers hereunderBorrowings, Swing Line Loans and any Protective Advances ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, parties and (iii) third, towards toward payment of principal of Loans and Bank Product Debt then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

Appears in 3 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Dominion Textile (Usa), L.L.C.)

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C Obligations, interest and fees then due hereunder, such funds shall be applied (i) first, to the payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under this Article II) payable to the Administrative Agent in its capacity as such, (ii) second, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, toward payment of principal of unreimbursed L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards toward payment of principal of Loans then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 2 contracts

Samples: Super Priority Credit Agreement (Basic Energy Services, Inc.), Senior Secured Debtor in Possession Credit Agreement (GT Advanced Technologies Inc.)

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C Obligations, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of fees then due hereunder (other than in respect of Bank Product Debt), ratably among the parties entitled thereto in accordance with the amounts of fees then due to such parties, (ii) second, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, toward payment of principal of unreimbursed L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards toward payment of principal of Loans and Bank Product Debt then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Royal Resources Partners LP), First Lien Credit Agreement (Royal Resources Partners LP)

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Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C Obligations, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of fees of the Administrative Agent and the Collateral Agent (including fees of legal counsel) then due hereunder, ratably among such agents in accordance with the amounts of fees then due to such parties; (ii) second, toward payment of fees of the Lenders then due hereunder, ratably among such parties in accordance with the amounts of fees then due to such parties; and (iii) third, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, ; and (iiiii) secondfourth, toward payment of principal of unreimbursed L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards payment of principal of Loans then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Samples: Credit Agreement (Advanced Emissions Solutions, Inc.)

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C ObligationsBorrowings, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties, and (ii) second, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, toward payment of principal of unreimbursed and L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards payment of principal of Loans Borrowings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

Appears in 1 contract

Samples: Amendment No. 5 to Amended and Restated Credit Agreement (USD Partners LP)

Insufficient Funds. If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, unreimbursed L/C Obligationsinterest, interest fees and fees expenses then due hereunder, such funds (including any funds remaining in the DIP Term Loan Funding Account) shall be applied (i) first, toward payment of fees and expenses then due to the Administrative Agent hereunder, in accordance with the amounts of fees and expenses then due to the Administrative Agent, (ii) second, toward payment of interest and fees then due to any other parties hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (ii) second, toward payment of principal of unreimbursed L/C Obligations then due from the Borrowers hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and unreimbursed L/C Obligations then due to such parties, and (iii) third, towards toward payment of principal of Loans then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Samples: Debtor in Possession Term Loan Agreement (EveryWare Global, Inc.)

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