Insufficient Payments. (a) If EBRD at any time receives less than the full amount then due and payable to it under this Agreement, EBRD shall have the right to allocate and apply the amount received in any way or manner and for such purpose or purposes under this Agreement as EBRD in its sole discretion determines, notwithstanding any instruction that the Borrower may give to the contrary.
(b) The Borrower shall indemnify EBRD against any losses resulting from a payment being received, or a claim being filed or an order or judgement being given, hereunder in a currency or place other than the currency and place specified in Section 3.10(a). The Borrower shall pay such additional amount as is necessary to enable EBRD to receive, after conversion to such currency at a market rate and transfer to such place, the full amount due to EBRD hereunder in the currency and at the place specified in Section 3.10(a).
Insufficient Payments. In the event that Borrower fails to pay all amounts due and payable on the Mortgage Note on any Due Date, unless otherwise determined by Lender, all cash paid by the Borrower on such date and all proceeds realized on the sale of Collateral pursuant to any of the Loan Documents shall be applied in the following order of priority to the extent of the cash so paid or proceeds realized: FIRST: to pay (a) all amounts that are due and unpaid under SECTION 12.7.1 hereof and under SECTION 7.5 hereof, if applicable, (b) all costs, if any, incurred by Lender in acting on behalf of Borrower as provided in the Loan Documents and (c), if applicable, all costs and expenses incurred by the Lender in enforcing this Loan Agreement and any of the other Loan Documents, including all costs and expenses of the foreclosure and/or sale of the Collateral or any part thereof or any interest therein, and all costs and expenses of entering upon, taking possession of, removing, holding, constructing improvements on, and operating and managing the Collateral or any part thereof, and all costs and expenses of repairs, renewals, replacements, additions, betterments, and improvements to the Collateral, in each case in accordance with the Loan Documents, and all reasonable attorneys' and accountants' fees and disbursements, including any appraisals that may reasonably be required by Lender, incurred in connection with any of the foregoing, together with any compensation payable under SECTION 4.3 of the Mortgage; SECOND: to pay interest at the Base Rate then due and payable on the Mortgage Note; THIRD: to pay all amounts of principal due and payable on the Mortgage Note (whether at maturity, on a date fixed for any payment or prepayment thereof, upon acceleration, or otherwise), until the principal balance has been reduced to zero;
Insufficient Payments. (a) If the Bank shall at any time receive less than the full amount then due and payable to it under this Agreement, the Bank shall allocate and apply such payment in the following order: first, against costs, expenses and indemnifies; second, against front-end commission, commitment charge and other fees, commissions and charges; third, against default interest, if any; fourth, against interest due on the Loan (other than interest on the Unguaranteed Portion of the Tranche 2 Loan to the extent exceeding interest accruing at the rate specified in Section 3.02(c)(3)(A)), fifth, against principal of the Tranche 1 Loan then due and payable; sixth, against principal of the Tranche 2 Loan then due and payable; seventh, against interest due on the ; Unguaranteed Portion of the Tranche 2 Loan to the extent exceeding interest accruing at the rate specified in Section 3.02(c)(3)(A); eighth, against prepayment of the Tranche 1 Loan; and, ninth, against prepayment of the Tranche 2 Loan.
(b) The obligation of the Company to make payments in Dollars in accordance with Section 3.08(a) shall not be deemed to have been novated, discharged or satisfied by any tender of (or recovery under judgement expressed in) any currency other than Dollars, except to the extent to which such tender (or recovery) shall result in the effective payment of such aggregate amount in Dollars at the place specified pursuant to this Agreement and, accordingly, the amount (if any) by which such tender (or recovery) shall fall short of such aggregate amount shall be and remain due to the Bank as a separate obligation, unaffected by judgment having been obtained (if such is the case) for and other amounts due under or in respect of this Agreement.
Insufficient Payments. (a) If NIB at any time receives less than the full amount then due and payable to it under this Agreement, NIB shall have the right to allocate and apply such payment in any way or manner and for such purpose or purposes under this Agreement as NIB in its sole discretion determines, notwithstanding any instruction that the Borrower may give to the contrary.
(b) The Borrower shall indemnify NIB against any losses resulting from a payment being received, or a claim being filed or an order or judgement being given, hereunder in a currency or place other than the currency and place specified in Section 3.11(a), (b) and (c). The Borrower shall pay such additional amount as is necessary to enable NIB to receive, after conversion to such currency at a market rate and transfer to such place, the full amount due to NIB hereunder in the currency and at the place specified in Section 3.11(a),(b) and (c).
Insufficient Payments. Omolon - 46 - OPIC Finance Agreement
(a) any instruction that the Company or any other Person may give to the contrary, or (b) any allocation of payments set forth in the Funding Agreement.
Insufficient Payments. If EBRD at any time receives less than the full amount then due and payable to it under this Guarantee, EBRD shall have the right to allocate and apply the amount received in any way or manner and for such purpose or purposes under this Guarantee as EBRD in its sole discretion determines, notwithstanding any instruction that the Guarantor may give to the contrary.
Insufficient Payments. (a) If at any time at which any Senior Debt Obligations are payable by the Partnership, or the Borrower at the direction of the Partnership, to a Senior Lender and such Senior Lender receives insufficient funds from the Partnership or the Borrower, as the case may be, to pay in full all Senior Debt Obligations payable to such Senior Lender at such time pursuant to its Senior Loan Agreement or this Agreement, the funds so received by such Senior Lender shall be applied to the payment of amounts owing by the Borrower as such Senior Lender may determine from time to time and in any order of priority, provided that, so long as no Senior Loan has been accelerated, such funds shall be applied in a manner that is consistent with the following order of priority: first, to pay outstanding fees, costs, expenses, reimbursements and indemnities then due and payable to the Collateral Trustee, the Depositary Bank or any Applicable Agent; second, to pay interest (other than overdue interest), fees, expenses, indemnities and breakage costs then due and payable to such Senior Lender; third, to pay overdue interest then due and payable to such Senior Lender; fourth, to pay principal (other than overdue principal) and redemption or prepayment premiums then due and payable to such Senior Lender; and fifth, to pay overdue principal then due and payable to such Senior Lender.
Insufficient Payments. (a) If the Bank at any time receives less than the full amount then due and payable to it under this Agreement, the Bank shall have the right to allocate and apply the amount received in any way or manner and for such purpose or purposes under this Agreement as the Bank in its sole discretion determines, notwithstanding any instruction that the Borrower may give to the contrary.
(b) The Borrower shall indemnify the Bank against any losses resulting from a payment being received, or a claim being filed or an order or judgement being given, hereunder in a currency or place other than the currency and place specified in Section 3.10(a) . The Borrower shall pay such additional amount as is necessary to enable the Bank to receive, after conversion to such currency at a market rate and transfer to such place, the full amount due to the Bank hereunder in the currency and at the place specified in Section 3.10(a) .
Insufficient Payments. (a) If the Agent shall at any time receive less than the full amount then due and payable to it or any of the Lenders under this Agreement, the Agent shall have the right to allocate and apply such payment in any way or manner and for such purpose or purposes under this Agreement as the Agent in its sole discretion shall determine, notwithstanding any instruction that the Company may give to the contrary.
(b) The obligation of the Company to make payments in Netherlands Guilders in accordance with Section 3.08 shall not be deemed to have been discharged or satisfied by any tender of (or recovery under judgement expressed in) any currency other than Netherlands Guilders, except as provided in the proviso of Section 3.08(a) or to the extent to which such tender (or recovery) shall result in the effective payment of such aggregate amount in Netherlands Guilders at the place specified pursuant to this Agreement and, accordingly, the amount (if any) by which such tender (or recovery) shall fall short of such aggregate amount shall be and remain due to the Agent or the Lenders, as the case may be, as a separate obligation, unaffected by judgement having been obtained (if such is the case) for any other amounts due under or in respect of this Agreement.
Insufficient Payments. If an amount received by the Agent is insufficient to discharge the obligations of the Borrower to the Financiers at that time, the Agent may apply that amount to reduce the Secured Money in the order, and to satisfy whatever part of the Secured Money, the Agent (acting on the instructions of the Required Lenders) sees fit. The application will override any appropriation made by the Borrower.
