Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above. (c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 8 contracts
Samples: Facility Agreement (Delhaize Group), Term Loan Facilities Agreement (Linde AG), Amendment and Restatement Agreement (Discovery Communications, Inc.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 7 contracts
Samples: Credit Facility Agreement (Lafarge), Facility Agreement (Lillian Acquisition, Inc.), Facility Agreement (MTS Inc)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 6 contracts
Samples: Facility Agreement (Synnex Corp), Facility Agreement (Imerys S.A.), Facility Agreement (CTC Media, Inc.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (Cemex Sab De Cv), Facility Agreement (Gold Fields LTD), Facilities Agreement (HeidelbergCement AG)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii28.6(a)(ii) to (iv28.6(a)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 5 contracts
Samples: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Partial payments. (a) If the Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Agent under the Finance Documents;
(ii) secondlysecond, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iii) thirdly, in or towards payment pro rata of any amounts of principal due but unpaid under this Agreementthose Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Amending Agreement (Sappi LTD)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 4 contracts
Samples: Facility Agreement (Bunge LTD), Facility Agreement (Bunge LTD), Facilities Agreement (Bunge LTD)
Partial payments. (aA) If the Facility Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(bB) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iiA)(ii) to (iv) above.
(cC) Paragraphs (aA) and (bB) above will override any appropriation made by an Obligor.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 4 contracts
Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data), Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Ag)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent, the Security Agent and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 4 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents unless otherwise provided in this Agreement or in the Intercreditor Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses (including legal fees) of the Agent and the Security Trustee under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission fees due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due in respect of the Loan but unpaid under this Agreement; and;
(iv) fourthly, in or towards payment pro rata of any other sum due but amount unpaid under in respect of the Finance DocumentsDiscount Premium Amount;
(v) fifthly, in release to the Borrower.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs Paragraph (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Subordinated Facility Agreement (Diana Containerships Inc.), Facility Agreement (Diana Containerships Inc.), Subordinated Facility Agreement (Diana Shipping Inc.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs amounts owing to the Agent and expenses of the Security Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 3 contracts
Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Mandated Lead Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa), Facilities Agreement (Luxottica Group Spa)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Multicurrency Term and Revolving Facilities Agreement (Tenedor CORP), Multicurrency Revolving Facility Agreement (Tercica Inc), Senior Subordinated Credit Agreement (Misys PLC)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Facility Agent, the Bookrunners or the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, Lenders vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Dual Currency Term Facility Agreement (Xstrata PLC)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Obligors under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment of any commitment fee due under Clause 22.3 (Commitment fee) but unpaid;
(iii) thirdly, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iiiiv) thirdlyfourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(ivv) fourthlyfifthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (ivv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Credit Agreement (Spirent PLC), Revolving Credit Facility (Spirent PLC), Facility Agreement (Spirent PLC)
Partial payments. (a) If the Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the those Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreementthose Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)
Partial payments. (a) If the COFACE Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the COFACE Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the COFACE Agent, the Security Agent or the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due to the Finance Parties but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The COFACE Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, Inc.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent or in the Security Agent (including any Receiver or Delegate) or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Partial payments. (a) If any Finance Party receives or recovers an amount from or in respect of the Agent receives a payment that Company under or in connection with any Finance Document which amount is insufficient to to, or is not applied to, discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, then the Agent shall apply that payment towards the obligations of that Obligor the Company under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee (other than as provided in (ii) above) or commission due but unpaid under this Agreementthe Finance Documents;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Company.
Appears in 3 contracts
Samples: Facility Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD)
Partial payments. (a) If the an Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the that Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agents under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Amendment Agreement (BHP Billiton PLC), Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 3 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent any Administrative Party under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee (other than as provided in (i) above) or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.), Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.), Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 3 contracts
Samples: Credit Facilities Agreement (Gold Fields LTD), Facilities Agreement (LG Acquisition Corp.), Credit Facility Agreement (Gold Fields LTD)
Partial payments. (a) If the an Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Financing Documents, the such Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Financing Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agents and Mandated Lead Arrangers under the Finance Financing Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Financing Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 3 contracts
Samples: Credit Agreement (France Telecom /), Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrowers under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrowers under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligora Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Adecco Sa), Loan Agreement (Adecco Sa)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agent, the Arranger and the Trustee under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal liabilities due in respect of each Letter of Credit but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iiii) to (iv) of sub-clause 23.4(a) above.
(c) Paragraphs (aSub-clauses 23.4(a) and (b23.4(b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Agent (including of any Receiver or Delegate) and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Aluminum Corp of China), Senior Secured Facility Agreement (Aluminum Corp of China)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs amount owing to the Agent and expenses of the Security Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Company under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Company.
Appears in 2 contracts
Samples: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documentsthis Agreement, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documentsthis Agreement;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documentsthis Agreement.
(b) The Agent shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(iia) (ii) to (iv) above.
(c) Paragraphs (a) and (b) above will shall override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Syndicated Loan Agreement (New Fortress Energy LLC), Syndicated Loan Agreement (NFE Financial Holdings LLC)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Trustee (including of any Receiver or Delegate) and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)
Partial payments. (a) If the an Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an any Obligor under the Finance Documents, the such Agent shall apply that payment towards the obligations of that the relevant Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agents and the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Such Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Syndicated Revolving Credit Agreement (Ibasis Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent and the Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor or BHL under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor and BHL under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent or in the Security Agent (including any Receiver or Delegate) or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Partial payments. (a) 31.5.1 If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(ia) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agent, the Security Trustee (including of any Receiver or Delegate) and the Arranger under the Finance Documents;
(iib) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iiic) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(ivd) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) 31.5.2 The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iia) to (ivd) of sub-clause 31.5.1 above.
(c) Paragraphs (a) 31.5.3 Sub-clauses 31.5.1 and (b) 31.5.2 above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Squeeze Out Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, accrued fee (other than as provided in (i) above) or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and;
(iv) fourthly, in or towards payment pro rata of any amounts payable by the Borrowers under any Swap Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (ivv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Amendment Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the any Finance DocumentsDocument, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the relevant Finance Documents Document in the following order:order:-
(i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the any Finance DocumentsDocument;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the any Finance DocumentsDocument.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will shall override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Credit Facility Agreement (Lg Electronics Inc), Credit Facility Agreement (Lg Electronics Inc)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Multicurrency Revolving Facilities Agreement (Sage Group PLC), Term and Revolving Facilities Agreement (Sodexho Alliance S A)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority all Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Subscription Agreement (WMC Resources Inc), Facility Agreement (WMC Resources LTD)
Partial payments. (a) If the Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance DocumentsAgent;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreementthose Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.), Facilities Agreement (Exide Corp)
Partial payments. (a) 29.5.1 If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) 29.5.2 The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii29.5.1(ii) to (iv29.5.1(iv) above.
(c) 29.5.3 Paragraphs (a) 29.5.1 and (b) 29.5.2 above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Bridge Facility Agreement (Luxottica Group Spa), Loan Agreement (Luxottica Group Spa)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority LendersLender, vary the order set out in paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (Polestar Automotive Holding UK PLC)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an any Obligor under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that the relevant Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent and the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Partial payments. (a) If the an Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an any Obligor under the Finance Documents, the such Agent shall apply that payment towards the obligations of that the relevant Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agents and the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Such Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an the Obligor under the Finance Fundamental Documents, the Agent shall apply that payment towards the obligations of that the Obligor under the Finance Fundamental Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Fundamental Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Fundamental Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an the Obligor.
Appears in 2 contracts
Samples: Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Acquisition Facilities Agreement (Cemex Sa De Cv), Facilities Agreement (Cemex Sa De Cv)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Obligors under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in paragraphs subparagraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Syndicated Bridge Loan Facility (Anglogold Ashanti LTD), Syndicated Loan Facility (Anglogold Ashanti LTD)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee (other than as provided in (i) above) or commission due but unpaid under this Agreementthe Finance Documents;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreementthe Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Tom Online Inc), Facility Agreement (TOM Group LTD)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Central European Media Enterprises LTD), Single Currency Term Facility Agreement (General Geophysics Co)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall shall, subject to the terms of the Intercreditor Agreement, apply that such payment towards the obligations of that such Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Agent under the Finance Documents;
(ii) secondlysecond, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdlythird, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthlyfourth, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Issuing Bank under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement and any amount due but unpaid under Clauses 7.3 (Claims under a Guarantee) and 7.4 (Indemnities); and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Multicurrency Revolving Credit and Guarantee Facility Agreement (Acergy S.A.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all Lenders (or, in respect of a payment relating to a Swingline Loan, by the Majority LendersJoint Lead Arrangers), vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Company under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission fees due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in paragraphs subparagraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will shall override any appropriation made by an Obligorthe Company.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility (Scottish Power PLC)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Banks under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority LendersBanks, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Financing Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor the Company under the Finance Financing Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent under the Finance Financing Documents;
(ii) secondlysecond, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreementthe Financing Documents;
(iii) thirdlythird, in or towards payment pro rata of any principal due but unpaid under this Agreementthe Financing Documents; and
and (iv) fourthlyfourth, in or towards payment pro rata of any other sum due but unpaid under the Finance Financing Documents.
(b) The Facility Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in paragraphs (a)(ii) to (iva)(iv) aboveof this Clause 11.8.
(c) Paragraphs (a) and (b) above will of this Clause 11.8 shall override any appropriation made by an Obligorthe Company.
Appears in 1 contract
Partial payments. (aA) If in relation to the Facility the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documentsthis Agreement, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents Borrower in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance DocumentsAgent;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission interest and fees due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documentsthis Agreement.
(bB) The Agent shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(iiA)(ii) to (iv) above. The Agent shall notify the relevant Borrower of any such variation.
(cC) Paragraphs (aA) and (bB) above will shall override any appropriation made by an Obligorthe Borrower.
Appears in 1 contract
Samples: Loan Agreement (Emap PLC)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondlysecond, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iii) thirdly, in or towards payment pro rata of any amounts of principal due but unpaid under this Agreementthose Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Mandated Lead Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Credit Facility Agreement (Lafarge)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondlysecond, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any amounts of principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iiparagraphs(a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Credit Agreement (Sappi LTD)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance DocumentsAgent;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission Financing Costs due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal Financing Principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will shall override any appropriation made by an Obligorthe Borrower.
Appears in 1 contract
Partial payments. (a) If the Administrative Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Administrative Agent shall apply that payment towards the obligations Obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Administrative Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Term Facility Agreement (Cadence Design Systems Inc)
Partial payments. (ai) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(iA) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Agent under the Finance Documents;
(iiB) secondly, in or towards payment of any demand made by the Fronting Bank in respect of a payment made or to be made by it under a Letter of Credit;
(C) thirdly, in or towards payment pro rata of any accrued interest, fee commission or commission Fronting Bank Fee due but unpaid under this Agreement;
(iiiD) thirdlyfourthly, in or towards payment pro rata of any principal Outstandings due but unpaid under this Agreement; and
(ivE) fourthlyfifthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(bii) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iii)(B) to (ivE) above.
(ciii) Paragraphs (ai) and (bii) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Third Amendment Agreement (Kronos International Inc)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Security Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due to the Finance Parties but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.. 93954-4-1-v3.0 -88- 70-40529536
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Facility A Lenders and the Majority Facility B Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) 31.6.1 If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(ia) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agent, the Security Trustee (including of any Receiver or Delegate) and the Arranger under the Finance Documents;
(iib) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iiic) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(ivd) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) 31.6.2 The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iia) to (ivd) of sub-clause 31.6.1 above.
(c) Paragraphs (a) 31.6.3 Sub-clauses 31.6.1 and (b) 31.6.2 above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Validus Holdings LTD)
Partial payments. (a) If the Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor or the Parent Guarantor as applicable under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor or the Parent Guarantor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent or the Security Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreementthose Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Senior Secured Bridge Facility Agreement (Ugi Corp /Pa/)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee (other than as provided in (i) above) or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an ObligorBorrower.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor a Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligora Borrower.
Appears in 1 contract
Samples: Revolving Facility Agreement (Alpha Beta Netherlands Holding N.V.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority all Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agent, the Security Trustee or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission or other fee due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrowers under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrowers under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in paragraphs subparagraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligora Borrower.
Appears in 1 contract
Samples: Credit Agreement (Adecco Sa)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 1 contract
Samples: Facility Agreement (Bunge LTD)
Partial payments. (a) If the Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and;
(iv) fourthly, fourthly in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities Agreement (Seawell LTD)
Partial payments. (a) If the Agent receives a payment for application against amounts due in respect of the Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent or the Security Agent under the those Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreementthose Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (aA) If the Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under the those Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i1) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Agent under the Finance Documents;
(ii2) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;those Finance Documents; and
(iii3) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and;
(iv4) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(bB) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iiA)(2) to and (ivA)(3) above.
(cC) Paragraphs (aA) and (bB) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Endava PLC)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Company under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Trustee (including of any Receiver or Delegate) under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Company.
Appears in 1 contract
Samples: £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Facility Agent shall must apply that payment towards the obligations of that Obligor the Company under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Administrative Parties under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, interest or fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.. 15335-01152 PG:2140636.16 33 Table of Contents
(b) The Facility Agent shallmust, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above This Subclause will override any appropriation made by an Obligorthe Company.
Appears in 1 contract
Samples: Credit Agreement (Chartered Semiconductor Manufacturing LTD)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) firstfirst , in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Facility Agreement (Intercontinental Hotels Group PLC /New/)
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility Agreement (Schneider Electric Sa)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor a Borrower under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor Borrower under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agent, the Security Trustee, the Security Agent, the Issuing Bank and the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) aboveabove (except in connection with any payment due to the Agent, the Arranger or the Issuing Bank).
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrowers.
Appears in 1 contract
Partial payments. (a) If the an Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Financing Documents, the such Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Financing Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Agents and Mandated Lead Arrangers under the Finance Financing Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Financing Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Syndicated Credit Agreement
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor a Borrower under the Finance Documentsthis Agreement, the Agent shall apply that payment towards the obligations of that Obligor the Borrower under the Finance Documents this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid feescosts, costs fees and expenses of the Agent under the Finance Documentsthis Agreement;
(ii) secondly, in or towards payment pro rata of any accrued interestfees due but unpaid under Clause 22 (Fees);
(iii) thirdly, fee in or commission towards payment pro rata of any interest due but unpaid under this Agreement;
(iiiiv) thirdlyfourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(ivv) fourthlyfifthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documentsthis Agreement.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (ivv) above.
(c) Paragraphs (a) and (b) above will shall override any appropriation made by an any Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrowers under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor the Borrowers under the Finance Documents in the following order:order:-
(i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest, fee or commission interest due but unpaid under this Agreement;
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by all the Majority LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligora Borrower.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent, the Security Agent or the Arranger under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Samples: Facility Agreement (Synnex Corp)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amounts owing to the Agent or the Security Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iva)(iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and;
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents; and
(v) fifthly, in or towards any periodic payments and any other amounts due but unpaid under any Hedging Agreement.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iia) (ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Facility Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent Administrative Parties under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Facility Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arrangers under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; andand Table of Contents
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Arrangers under the Finance Documents;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest, fee interest or commission due but unpaid under this Agreement;
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an ObligorObligor .
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (International Flavors & Fragrances Inc)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
(i) firstfirstly, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent under the Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission costs due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(iia) (ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an the Obligor under the Finance Fundamental Documents, the Agent shall apply that payment towards the obligations of that the Obligor under the Finance Fundamental Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent and the Security Agent under the Finance Fundamental Documents;
(ii) secondly, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Fundamental Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an the Obligor.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.)
Partial payments. (a) If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Agent shall apply that payment towards the Borrower's obligations of that Obligor under the Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Agent or the Arranger under the Finance Documents;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest, fee or commission due but unpaid under this Agreement;
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents.
(b) The Agent shall, if so directed by the Majority Lenders, vary the order set out in paragraphs (a)(ii) to (iv) above.
(c) Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.
Appears in 1 contract
Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD)