Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied: (a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee under the Finance Documents; (b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 11 contracts
Samples: Loan Agreement (Euronav NV), Loan Agreement (Euronav NV), Loan Agreement (Euronav NV)
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee under the Finance Documents;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 10 contracts
Samples: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Capital Product Partners L.P.), Loan Agreement (Scorpio Tankers Inc.)
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party the Lender under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee Lender under the Finance DocumentsDocuments or the Master Agreement;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement or the Master Agreement;
Appears in 6 contracts
Samples: Loan Agreement (Box Ships Inc.), Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Box Ships Inc.)
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata satisfaction of any unpaid fees, costs amounts then due and expenses of the Agent and the Security Trustee payable under the Finance Documents;
(b) SECONDLY: Documents in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;the following order and proportions:
Appears in 5 contracts
Samples: Loan Agreement (EuroDry Ltd.), Amending and Restating Agreement (Navios Maritime Acquisition CORP), Loan Agreement (Capital Product Partners L.P.)
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party the Lender under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee Lender under the Finance Documents;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 5 contracts
Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Diana Shipping Inc.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee and the other Creditor Parties under the Finance Documents;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 5 contracts
Samples: Term Loan Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Supplemental Agreement (Navios Maritime Containers Inc.)
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party the Payment Agent, the Facility Agent or the Security Trustee under or by virtue of any Finance Document shall be applied:
(a) : FIRST: in or towards the payment pro rata or reimbursement of any unpaid feesexpenses or liabilities incurred by the Credit Parties in connection with the ascertainment, costs protection or enforcement of their respective rights and expenses of the Agent remedies hereunder and the Security Trustee under the other Finance Documents, including without limitation any amounts due under Clause 15 hereof;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 2 contracts
Samples: Loan Agreement (TBS International LTD), Loan Agreement (TBS International LTD)
Normal order of application. Except as any Finance Document (including, without limitation, the Intercreditor Deed) may otherwise provide, any sums which are received or recovered by any Creditor Party the Lender under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee Lender under the Finance Documents;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 2 contracts
Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata satisfaction of any unpaid fees, costs amounts then due and expenses payable to the Servicing Banks (or any of them) pursuant to the Agent and the Security Trustee under terms of the Finance Documents;
(b) SECONDLY: in or towards payment pro rata satisfaction of any accrued interest or commission other amounts then due but unpaid and payable under this Agreementthe Finance Documents on a pan passu basis as between each of such Finance Documents;
Appears in 1 contract
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:
(a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee Lender under the Finance DocumentsDocuments and the Master Agreement;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 1 contract
Normal order of application. Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document after service of notice on the Borrowers under Clause 19.2(a)(i) or (ii) shall be applied:
(a) FIRST: in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee under the Finance Documents;
(b) SECONDLY: in or towards payment pro rata of any accrued interest or commission due but unpaid under this Agreement;
Appears in 1 contract
Samples: Loan Agreement (GasLog Ltd.)