Common use of Partial payments Clause in Contracts

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this AgreementAgreement and any amount due but unpaid under Clause 7.2 (Claims under a Letter of Credit) and Clause 7.3 (Indemnities); and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any due but 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 or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Administrative Parties, Receivers or their respective Delegates under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-sub paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documentsthis Agreement, the Facility Agent must apply that payment towards the obligations of the Obligors 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 Facility Agent under the Finance DocumentsAdministrative Parties; (ii) secondly, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; andthe Facilities; (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(iiii) to (iv) of paragraph (a) above. (c) This Subclause Clause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-sub paragraphs (a)(ii) to (iv) above. (c) This Subclause Clause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors 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 Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest interest, fee or fee 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. (b) The Facility Agent must, if so directed by all the Super Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondlysecond, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdlythird, in or towards payment pro rata of any principal amount 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 Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Borrower under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors Borrower 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 Facility Agent and the Lead Arrangers under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount 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 Facility Agent mustshall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 due to the Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this AgreementAgreement and any amount due but unpaid by a Borrower under Subclause 20.4 (Drawings and reimbursements; Funding of participations); and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Agents under the Finance Documents; (ii) secondlysecond, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdlythird, in or towards payment pro rata of any principal amount 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 Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors Company 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest interest, fee or fee commission due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount 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 Facility Agent must, if so directed by all the Super Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documentsthis Agreement, the Facility Agent must apply that payment towards the obligations of the Obligors 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 Facility Agent under the Finance DocumentsAdministrative Parties; (ii) secondlysecond, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdlythird, in or towards payment pro rata of any principal amount 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 Documentsthis Agreement. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors 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 due to the Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee fees 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. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by the Obligors an Obligor under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors 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 Agent, the Coordinators or the Mandated Lead Arrangers under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest interest, fee or fee 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. (b) The Facility Agent mustshall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors to the Finance Parties under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors 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 Facility each Agent under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount 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 Facility Agent mustshall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors any Obligor under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors (or any of them) 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 Facility Agent under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount 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 Facility Agent mustshall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an any Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of 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 due to the Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors 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 Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee 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. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by the Obligors Borrower under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors 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 or the Security Trustee under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest interest, fee or fee 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. (b) The Facility Agent mustshall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs clauses (a)(ii) to (iv) above. (c) This Subclause Sub-clauses (a) and (b) above will override any appropriation made by an Obligorthe Borrower.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors 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 due to the Facility Agent Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee fees 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. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.