Partial Payments Pro Rata Clause Samples
The Partial Payments Pro Rata clause establishes that any payments made that are less than the full amount owed will be distributed proportionally among all relevant obligations or creditors. In practice, if a debtor owes multiple parties or has several outstanding invoices, any partial payment received is allocated to each party or invoice based on their share of the total debt, rather than being applied to just one obligation. This clause ensures fairness in the distribution of limited funds and prevents any single creditor or obligation from being unfairly prioritized over others.
Partial Payments Pro Rata. Upon any partial prepayment of the Notes pursuant to paragraph 4A or 4B, the principal amount so prepaid shall be allocated to all Notes at the time outstanding in proportion to the respective outstanding principal amounts thereof.
Partial Payments Pro Rata. In the case of each prepayment pursuant to paragraphs 4A or 4B of less than the entire unpaid principal amount of all outstanding Notes of any Series, the amount to be prepaid shall be applied prorata to all outstanding Notes of such Series (including, for the purpose of this paragraph 4D only, all Notes of such Series prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates other than by prepayment pursuant to paragraphs 4A or 4B) according to the respective unpaid principal amounts thereof.
Partial Payments Pro Rata. In the case of each prepayment of less than the entire unpaid principal amount of all outstanding Notes of any Series pursuant to ▇▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇ or 4D, the amount to be prepaid shall be applied pro rata to all outstanding Notes of such Series according to the respective outstanding principal amounts thereof.
Partial Payments Pro Rata. Upon any partial prepayment of the Notes, the principal amount so prepaid shall be allocated to all such Notes at the time outstanding (including, for the purpose of this paragraph 4D only, all Notes prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates other than by prepayment pursuant to paragraphs 4A or 4B) in proportion to the respective outstanding principal amounts thereof.
Partial Payments Pro Rata. Upon any permitted partial prepayment of Notes pursuant to Section 5.1, the principal amount so prepaid shall be allocated to all Notes at the time outstanding (including, for the purpose of this Section 5.2 only, all such Notes prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates other than by prepayment pursuant to Section 5.1) in proportion to the respective outstanding principal amounts thereof.
Partial Payments Pro Rata. Upon any partial prepayment of the Term Notes pursuant to paragraph 4A or 4B, the principal amount so prepaid shall be allocated to all Term Notes at the time outstanding (including, for the purpose of this paragraph 4D only with respect to prepayments pursuant to paragraph 4A, all Notes prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates other than by prepayment pursuant to paragraph 4A or 4B (but including all Notes prepaid pursuant to paragraph 5E)) in proportion to the respective outstanding principal amounts thereof.
Partial Payments Pro Rata. Upon any partial prepayment of Notes pursuant to paragraph 4A or 4B, the principal amount so prepaid shall be allocated to all Notes at the time outstanding (including, for the purpose of this paragraph 4D only, all such Notes prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates other than by prepayment pursuant to paragraph 4A, 4B or 4C) in proportion to the respective outstanding principal amounts thereof. Upon any partial prepayment of Notes pursuant to paragraph 4C, the principal amount so prepaid shall be allocated to all Notes at the time outstanding and held by holders who have accepted the Company's offer of prepayment made pursuant to paragraph 4C in proportion to the respective outstanding principal amounts thereof.
Partial Payments Pro Rata. (i) Upon any partial prepayment of Notes pursuant to paragraph 4A, the principal amount so prepaid shall be allocated to all Notes at the time outstanding pro rata (based upon the proportion of the respective outstanding principal amounts of the Notes) until such Notes have been prepaid in full.
(ii) Upon any prepayment of Notes pursuant to paragraph 4B, 4C, 4F or 4G, the principal amount so prepaid shall be allocated to all Notes at the time outstanding and held by holders of such Notes who have accepted the Company’s offer of prepayment made pursuant to paragraph 4B, 4C, 4F or 4G, as applicable, in proportion to the respective outstanding principal amounts thereof until all such Notes held by holders of such Notes who have accepted the Company’s offer of prepayment have been prepaid in full.
Partial Payments Pro Rata. In the case of each prepayment pursuant to paragraphs 4A or 4B of less than the entire unpaid principal amount of all outstanding Notes of any Series, the amount to be prepaid shall be applied pro rata to all outstanding Notes of such Series (including, for the purpose of this paragraph 4D only, all Notes of such Series prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates, Global or any of the Global Subsidiaries other than by prepayment pursuant to paragraphs 4A or 4B) according to the respective unpaid principal amounts thereof.
Partial Payments Pro Rata. Upon any partial prepayment of the Notes of ------------------------- either series pursuant to subparagraph (a) of paragraph 4B or paragraph 4C, the principal amount so prepaid shall e allocated to all Notes of such series at the time outstanding (including, for the purpose of this paragraph 4E only, (x) all Notes prepaid or otherwise retired or purchased or otherwise acquired by the ESOP or the Company or any of its Subsidiaries or Affiliates other than by prepayment pursuant to subparagraph (a) of paragraph 4B or paragraph 4C and (y) all Notes prepaid pursuant to subparagraph (b) of paragraph 4B) in proportion to the respective outstanding principal amounts thereof.