Payments After an Event of Default. All payments received and amounts realized by the Holder pursuant to Section 6, including all such payments and amounts received after the Holder has declared pursuant to Section 6.1 the entire unpaid principal and interest amount of the Note to be due and payable, as well as all payments or amounts then held or thereafter received by the Holder as part of the Collateral while an Event of Default shall be continuing, shall be promptly applied and distributed by the Holder in the following order of priority:
(a) First, to the payment of all amounts claimed due by a person holding a secured interest in the Collateral prior to the interest of Holder, and all reasonable costs and expenses, including legal expenses and attorneys fees, incurred or made hereunder by the Holder, including any such costs and expenses of foreclosure or suit, if any, and of any sale or the exercise of any other remedy under Section 6, and of all taxes, assessments or liens superior to the lien granted under this Security Agreement, except any taxes, assessments or other superior lien subject to which any said sale under Section 6 hereof may have been made;
(b) Second, to the payment of all amounts then owned by Borrower to Holder, excepting the amount then owing or unpaid on the Note;
(c) Third, to the payment of the amount then owing or unpaid on the Note, with application to be made first to the unpaid interest thereon and second, to the unpaid principal thereof, such application to be made upon presentation of the Note and the notation thereon of the payment, if partially paid, or the surrender and cancellation thereof, if fully paid; and
(d) Fourth, to the payment of the balance or surplus, if any, to Borrower, its successors and assigns, or to any other party who may be lawfully entitled to receive the same.
Payments After an Event of Default. Notwithstanding any contrary provision set forth herein or in any other Loan Document, (i) during the continuance of an Event of Default, Agent may, and shall upon the direction of Required Lenders apply any and all payments received by Agent in respect of any Obligation in accordance with clauses first through sixth below; and (ii) all payments made by Loan Parties to Agent after any or all of the Obligations under the Loan Documents have been accelerated (so long as such acceleration has not been rescinded) or have otherwise matured, including proceeds of Collateral, shall be applied as follows: first, to payment of costs, expenses and indemnities, including attorney costs, of Agent payable or reimbursable by the Loan Parties under the Loan Documents second, payment of any other Lender Expenses, including costs, expenses, indemnities and attorney costs, of Lenders payable or reimbursable by the Loan Parties under this Agreement; third, to payment of that portion of the Secured Obligations constituting principal and accrued and unpaid interest on the Term Loans, fees, premiums and scheduled periodic payments, and any interest accrued thereon owed to Agent, any Lender and any Bank Product Provider, ratably among them in proportion to the respective amounts described in this clause second payable to them (whether or not accruing after the filing of any case under any Insolvency Proceeding with respect to any Secured Obligations and whether or not a claim for such post-filing or post-petition interest, fees, and charges is allowed or allowable in any such proceeding);
Payments After an Event of Default. All payments received and amounts realized by the Holder pursuant to Section 9, including all such payments and amounts received after the entire unpaid principal amount of the Note has been declared due and payable, as well as all payments or amounts then held or thereafter received by the Holder as part of the Collateral while an Event of Default shall be continuing, shall be promptly applied and distributed by the Holder in the following order of priority:
(a) first, to the payment of all costs and expenses, including reasonable legal expenses and attorneys’ fees for one counsel in each jurisdiction in which counsel may be required, incurred or made hereunder or under the Note by the Holder, whether or not constituting Obligations, including, without limitation, any such costs and expenses of foreclosure or suit, if any, and of any sale or the exercise of any other remedy under Section 9, and of all taxes, assessments or liens superior to the lien granted under this Agreement, except any taxes, assessments or other superior lien subject to which any said sale under Section 9 hereof may have been made; and
(b) second, to the payment to the Holder of the amount then owing or unpaid on the Note; and
(c) third, to the payment of the balance or surplus, if any, to the Company, its successors and assigns, or to whomsoever may be lawfully entitled to receive the same.
Payments After an Event of Default. All payments received and amounts realized by the Secured Party pursuant to Section 8, including all such payments and amounts received after the entire unpaid principal of, and interest on, the Note has been declared due and payable, as well as all payments or amounts then held or thereafter received by the Secured Party as part of the Collateral while an Event of Default shall be continuing, shall be promptly applied and distributed to the Secured Party in the following order of priority:
(a) first, to the payment of all reasonable costs and expenses, including reasonable attorneys’ fees and expenses, incurred or made hereunder by the Secured Party, including any such costs and expenses of foreclosure or suit, if any, and of any sale or the exercise of any other remedy under Section 8, and of all taxes, assessments, or liens superior to the lien granted under this Agreement, except any taxes, assessments, or other superior lien subject to which any said sale under Section 8 may have been made; and
(b) second, to the payment to the Secured Party of the amount then owing or unpaid on the Note, with application on the Note to be made first to the unpaid interest thereon (if any), and second, to the unpaid principal thereof, such application to be made upon presentation of the Note and the notation thereon of the payment, if partially paid, or the surrender and cancellation thereof, if fully paid shall be made; and
(c) third, to the payment of the balance or surplus, if any, to the Company, its successors and assigns, or to whomsoever may be lawfully entitled to receive the same.
Payments After an Event of Default. All payments received and amounts realized by Secured Party pursuant to Section 9, including all such payments and amounts received after the entire unpaid principal and interest amount of the Bridge Note has been declared due and payable, as well as all payments or amounts then held or thereafter received by Secured Party as part of the Collateral while an Event of Default shall be continuing, shall be promptly applied and distributed by Secured Party in the following order of priority:
(a) first, to the payment of all costs and expenses, including reasonable legal expenses and attorneys’ fees for one counsel in each jurisdiction in which counsel may be required, incurred or made hereunder or under the Bridge Note by Secured Party, whether or not constituting Obligations, including, without limitation, any such costs and expenses of foreclosure or suit, if any, and of any sale or the exercise of any other remedy under Section 9, and of all taxes, assessments or liens superior to the lien granted under this Agreement, except any taxes, assessments or other superior lien subject to which any said sale under Section 9 hereof may have been made; and
(b) second, to the payment to Secured Party of the amount then owing or unpaid on the Bridge Note; and
(c) third, to the payment of the balance or surplus, if any, to Debtor, its successors and assigns, or to whomsoever may be lawfully entitled to receive the same.
Payments After an Event of Default. Upon the occurrence ---------------------------------- of any Event of Default (as defined in Section 4.1 herein), the Borrower shall be considered to be in default, and the Company shall have the remedies set forth in Section 4.2. After such occurrence of an Event of Default which remains uncured as set forth in Section 4.1, the principal amount outstanding under this Agreement shall accrue interest at the rate of twelve percent (12%) per annum compounded daily and shall continue to accrue interest until such amounts are repaid in full.
Payments After an Event of Default. Upon the occurrence of an Event of Default with respect to the Notes and any subsequent declaration by the Note Trustee, any Collateral Agent or the Intercreditor Agent, pursuant to this Indenture, the Common Agreement or the Intercreditor Agreement that the principal amount of all the Notes is due and payable immediately, the Note Trustee, subject to and in accordance with the Common Agreement and the Intercreditor Agreement, may by notice in writing: (a) to the Issuer and any Paying Agent, require each Paying Agent to deliver all Notes and all moneys, documents and records held by them with respect to the Notes to the Note Trustee or as the Note Trustee otherwise directs in such notice; and (b) require any Paying Agent to act as agent of the Note Trustee under this Indenture and the Notes, and thereafter to hold all Notes and all moneys, documents and records held by it in respect to such Notes to the order of the Note Trustee.
Payments After an Event of Default. The proceeds realized from the sale of any Collateral may be applied as follows: FIRST, to the payment of all reasonable out-of-pocket costs and expenses (including without limitation, reasonable attorneys’ fees) of Agent in connection with enforcing, protecting and defending the rights of Agent and the Lenders under this Agreement and the other Loan Documents and any protective advances made by Agent with respect to the Collateral under or pursuant to the terms of this Agreement; SECOND, to payment of any fees owed to Agent;
Payments After an Event of Default. The proceeds realized from the sale of any Collateral may be applied as follows: FIRST, to the payment of all reasonable out-of-pocket costs and expenses (including without limitation, reasonable attorneys' fees) of Agent in connection with enforcing the rights of the Lenders under this Agreement and the other Loan Documents and any protective advances made by Agent with respect to the Collateral under or pursuant to the terms of this Agreement; SECOND, to payment of any fees owed to Agent; THIRD, to the payment of all of the Obligations (other than Obligations arising under any Hedging Agreement) consisting of accrued fees and interest; FOURTH, to the payment of the outstanding principal amount of the Obligations (including the payment or cash collateralization of any outstanding Letter of Credit or LC Guaranty); FIFTH, to all other Obligations and other obligations which shall have become due and payable under the other Loan Documents or otherwise and not repaid pursuant to clauses "FIRST" through "FOURTH" above; SIXTH, to the payment of all Obligations of the Borrowers to the Agent, Agent's Affiliates, Bank or Bank Affiliates arising out of any Hedging Agreement or cash management services which have not been reserved for by Agent; SEVENTH, to the payment of the surplus, if any, to whoever may be lawfully entitled to receive such surplus.
Payments After an Event of Default. Notwithstanding anything in this Note to the contrary, if an Event of Default shall have occurred and be continuing, all payments or proceeds received by the Payee hereunder in respect of any of the Obligations shall be applied, first, to pay any costs, expenses, and fees then due and payable to the Payee under the Note Documents, including in connection with the foreclosure or realization upon, the disposal, storage, maintenance or otherwise dealing with any of, the Collateral or otherwise in connection with the Note Documents, and indemnities and other amounts then due and payable to the Payee under the Note Documents until paid in full, second, to pay interest then due and payable in respect of the Advance calculated at the Default Rate until paid in full, third, to pay interest then due and payable in respect of the Advance (other than interest calculated at the Default Rate and paid pursuant to clause “second” above) until paid in full, fourth, to pay the principal amount of the Advance then outstanding until paid in full, and, fifth, to pay ratably any other Obligations then due and payable.
