Common use of Order of Application of Payments Clause in Contracts

Order of Application of Payments. All payments to be applied against this Note and the amounts from time to time payable hereunder, shall be applied in the following order of priority: (i) against costs and expenses of each and every Event of Default, if any, (including with relationship to the Holder’s rights and duties toward holders of Senior Debt and/or Junior Debt and/or in any proceeding or suits related to such Event of Default); (ii) against all outstanding interest payable at an increased rate hereunder by reason of any Default; (iii) against all outstanding interest payable at the base rate of 6.5%; (iv) against any other non-principal monetary rights the Holder may come to have against the company by reason of this Note; (v) against prepayment of principal pursuant to a Notice of Prepayment; (vi) against past-due principal Installments, on this Note, in the sequence of such past-due Installments, oldest to most recent; (vii) against the outstanding principal of this Note, in reverse order of the scheduled Installment Dates of those principal Installments.

Order of Application of Payments. All payments to be applied against this Note and the amounts from time to time payable hereunder, shall be applied in the following order of priority: (i) against costs and expenses of each and every Event of Defaultexpenses, if any, (including with relationship to the Holder’s rights and duties toward holders of Senior Debt and/or Junior Debt and/or in any proceeding or suits related to such Event of Default); (ii) against all outstanding interest payable at an increased rate hereunder by reason of any Default; (iii) against all outstanding interest payable at the base rate of 6.5%; (iv) against any other non-principal monetary rights the Holder may come to have against the company by reason of this Note; (v) against prepayment of principal pursuant to a Notice of Prepayment; (vi) against past-due principal Installments, on this Note, in the sequence of such past-due Installments, oldest to most recent; (vii) against the outstanding principal of this Note, in reverse order of the scheduled Installment Dates of those principal Installments.