Common use of Payments by the Borrowers Clause in Contracts

Payments by the Borrowers. 5.26.1 All payments made by or on behalf of a Borrower pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s Applicable Percentage of the Credit; (b) repayments of principal in accordance with each Lender’s Applicable Percentage of the Credit; or (c) all other payments received by the Agent including amounts received on the realization of Security, in accordance with each Lender’s Applicable Percentage of the Credit except that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations. 5.26.2 If the Agent does not distribute a Lender’s share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s share of the amount received by the Agent from the Borrowers and not so distributed, multiplied by (iii) fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from any payment hereunder as required by Applicable Law.

Payments by the Borrowers. 5.26.1 All (1) Except as otherwise specified in this Agreement, all payments made by or on behalf of a Borrower pursuant to this Agreement the Borrowers shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.279.18), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s Applicable Percentage of the relevant Credit; (b) repayments of principal in accordance with each Lender’s Applicable Percentage of the relevant Credit; or (c) all other payments received by the Agent Agent, including amounts received on the realization of Security, in accordance with each Lender’s Applicable Percentage of the Credit relevant Credit, except that with respect to proceeds of realization, no Lender shall receive an amount proceeds of realization in excess of the amounts Obligations owing to it in respect of the Obligationsit. 5.26.2 (2) If the Agent does not distribute a Lender’s share of a payment made by a Borrower the Borrowers to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (ia) the Interbank Reference Rate per annum multiplied by (iib) the Lender’s share of the amount received by the Agent from the Borrowers and not so distributeddistributed to the Lender, multiplied by (iiic) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such the Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any payment hereunder as required by Applicable Law. (3) The Agent may debit accounts, credits and other balances maintained by the Borrowers from time to time with the Agent or its Affiliates to facilitate or otherwise obtain payment of interest, fees and other Obligations owing by the Borrowers.

Payments by the Borrowers. 5.26.1 All payments made by or on behalf of a Borrower the Borrowers pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27but not limited to Sections 8.1 and 12.5), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the relevant Credit; (b) repayments of principal in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the relevant Credit; or (c) all other payments received by the Agent including including, without limitation, amounts received on upon the realization of Security, in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the relevant Credit except provided, however, that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations. 5.26.2 . [Note: Section amended by Fourth Amending Agreement] If the Agent does not distribute a Lender’s 's share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s 's share of the amount received by the Agent from the Borrowers Borrower and not so distributed, multiplied by (iii) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any such payment hereunder as required by Applicable Lawlaw.

Payments by the Borrowers. 5.26.1 All payments made by or on behalf of a Borrower the Borrowers pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27Sections 8.1 and 8.29), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s 's Applicable Percentage of the relevant Credit; (b) repayments of principal in accordance with each Lender’s 's Applicable Percentage of the relevant Credit; or (c) all other payments received by the Agent including amounts received on upon the realization of Security, in accordance with each Lender’s 's Applicable Percentage of the relevant Credit except provided, however, that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations. 5.26.2 . If the Agent does not distribute a Lender’s 's share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s 's share of the amount received by the Agent from the Borrowers Borrower and not so distributed, multiplied by (iii) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any such payment hereunder as required by Applicable Lawlaw.

Payments by the Borrowers. 5.26.1 All (1) Except as otherwise provided herein, all payments made by or on behalf of a Borrower pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.27Sections 6.18 and 6.20), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s Applicable Percentage of the CreditCredits; (b) repayments of principal in accordance with each Lender’s Applicable Percentage of the CreditCredits; or (c) all other payments received by the Agent including amounts received on upon the realization of Security, in accordance with each Lender’s Applicable Percentage of the Credit except Credits provided, however, that with respect to proceeds of realization, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations. 5.26.2 (2) If the Agent does not distribute a Lender’s share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (ia) the Interbank Reference Rate per annum multiplied by (iib) the Lender’s share of the amount received by the Agent from the Borrowers a Borrower and not so distributed, multiplied by (iiic) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any such payment hereunder as required by Applicable LawLaws.

Payments by the Borrowers. 5.26.1 All (1) Except as otherwise specified in this Agreement, all payments made by or on behalf of a Borrower pursuant to this Agreement the Borrowers shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.279.18), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s Applicable Percentage of the relevant Credit; (b) repayments of principal in accordance with each Lender’s Applicable Percentage of the relevant Credit; or (c) all other payments received by the Agent Agent, including amounts received on the realization of Security, pro rata on the sum of the Obligations and the Other Guaranteed Obligations in accordance with each Lender’s Applicable Percentage of the relevant Credit in the case of the Obligations and in accordance with each Lender’s proportionate interest in the case of Other Guaranteed Obligations, except that with respect to proceeds of realization, no Lender shall receive an amount proceeds of realization in excess of the amounts Obligations or Other Guaranteed Obligations owing to it in respect of the Obligationsit, as applicable. 5.26.2 (2) If the Agent does not distribute a Lender’s share of a payment made by a Borrower the Borrowers to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (ia) the Interbank Reference Rate per annum multiplied by (iib) the Lender’s share of the amount received by the Agent from the Borrowers and not so distributeddistributed to the Lender, multiplied by (iiic) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such the Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any payment hereunder as required by Applicable Law. (3) The Agent may debit accounts, credits and other balances maintained by the Borrowers from time to time with the Agent or its Affiliates to facilitate or otherwise obtain payment of interest, fees and other Obligations owing by the Borrowers.

Payments by the Borrowers. 5.26.1 (a) All payments made by or on behalf of a Borrower pursuant to this Agreement shall be made to and received by the Agent on behalf of the Lenders and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required Subject to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement Sections 9.3, 9.4(b), 9.4 (including Section 5.27)c) and 9.5, the Agent shall distribute: (ai) payments of interest on or in respect of Advances in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the Credit; (bii) repayments and prepayments of principal of Advances in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the Credit; orand (ciii) all other payments received by the Agent including amounts received on the realization of Security, in accordance with each Lender’s Applicable Percentage 's Proportionate Share of the Credit except Credit, provided however, that with respect to proceeds of realization, each Lender shall receive an amount calculated in accordance with its Lender's Share of the Obligations but no Lender shall shall, in any event, receive an amount in excess of the amounts owing to it in respect of the Obligations. 5.26.2 If (b) All payments made by or on behalf of a Borrower pursuant to this Agreement with respect to any L/C shall be made to and received by the Agent. Subject to Section 9.5, the Agent shall distribute all payments received by it with respect to any L/C as follows: (i) if the amount received by the Agent is an amount reimbursing the Issuing Lender for amounts paid by the Issuing Lender, payment shall be made to the Issuing Lender, to the extent that the Issuing Lender has not been previously reimbursed by such Borrower or the Lenders or otherwise as provided for herein, and to the extent that the Issuing Lender has been previously reimbursed by the Lenders, to such Lenders; (ii) if the amount received by the Agent is an amount in respect of an L/C commission or the Fronting Fee: (A) payment shall be made firstly to the Issuing Lender of an amount in respect of the Fronting Fee to the extent not already received, and (B) payment shall be made thereafter to each Lender of its Proportionate Share of the amount of the L/C commission received less the amount of any Fronting Fee owing to the Issuing Lender with respect to such amount. (c) All payments made by or on behalf of a Borrower pursuant to this Agreement with respect to any Overdraft Availment shall be made to and received by the Overdraft Lender. Subject to the foregoing and to Section 9.5, the Agent shall distribute all payments received by it with respect to any Overdraft Availment as follows: (i) payments of interest relating to Overdraft Availments prior to receipt by the Overdraft Lender of a Cessation Notice (or receipt by the Agent of a notice from the Overdraft Lender that it has discontinued making Overdraft Availments), to the Overdraft Lender; (ii) payments of interest relating to Overdraft Availments following receipt by the Overdraft Lender of a Cessation Notice (or receipt by the Agent of a notice from the Overdraft Lender that it has discontinued making Overdraft Availments), to the Lenders in accordance with each Lender's Proportionate Share of the Overdraft Availment assumed pursuant to Section 5.26; (iii) repayments of principal relating to Overdraft Availments prior to receipt by the Overdraft Lender of a Cessation Notice (or receipt by the Agent of a notice from the Overdraft Lender that it has discontinued making Overdraft Availments), to the Overdraft Lender; and (iv) repayments of principal relating to Overdraft Availments following receipt by the Overdraft Lender of a Cessation Notice (or receipt by the Agent of a notice from the Overdraft Lender that it has discontinued making Overdraft Availments), to the Lenders in accordance with each Lender's Proportionate Share of the Overdraft Availment assumed pursuant to Section 5.26. (d) Subject to Section 9.5, if the Agent does not distribute a Lender’s 's share of a payment made by a Borrower to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s 's share of the amount received by the Agent from the Borrowers such Borrower and not so distributed, multiplied by (iii) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct 365 or withhold any Tax from any payment hereunder 366, as required by Applicable Lawapplicable.

Payments by the Borrowers. 5.26.1 (a) All payments made by or on behalf of a Borrower the Borrowers pursuant to this Agreement shall be made to and received by the Agent and shall be distributed by the Agent to the Lenders as soon as possible upon receipt by the Agent. Except as required to make payments in respect of the Other Secured Obligations or as otherwise provided in this Agreement (including Section 5.276.17), the Agent shall distribute: (a) payments of interest in accordance with each Lender’s Applicable Percentage of the Credit; (bi) repayments of principal in accordance with each Lender’s 's Applicable Percentage of the Credit; or (cii) all other payments received by the Agent including amounts received on the realization enforcement of SecurityGuarantees, in accordance with each Lender’s 's Applicable Percentage of the Credit except that with respect to proceeds of realizationenforcement, no Lender shall receive an amount in excess of the amounts owing to it in respect of the Obligations. 5.26.2 (b) If the Agent does not distribute a Lender’s 's share of a payment made by a Borrower the Borrowers to that Lender for value on the day that payment is made or deemed to have been made to the Agent, the Agent shall pay to the Lender on demand an amount equal to the product of (i) the Interbank Reference Rate per annum multiplied by (ii) the Lender’s 's share of the amount received by the Agent from the Borrowers either Borrower and not so distributed, multiplied by (iii) a fraction, the numerator of which is the number of days that have elapsed from and including the date of receipt of the payment by the Agent to but excluding the date on which the payment is made by the Agent to such Lender and the denominator of which is 365. The Agent shall be entitled to deduct or withhold any Tax from applicable to any payment hereunder as required by Applicable Law.