Common use of Payments; Fees Clause in Contracts

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee under Section 4.01(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Lead Borrower or the Canadian Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Unused Line Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable required to be paid to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower Borrowers hereunder. A Lender shall not be entitled to receive (and no Borrower shall be obligated to pay) any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Unused Line Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting ExposureLC Obligations, or readvance the amounts to the Borrower Borrowers hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Revolver Commitment shall be disregarded for purposes of calculating the Commitment Fee unused line fee under Section 4.01(a)3.2. 1. To the extent If any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees fees attributable to such LC Obligations under Section 4.01(c) 3.2.5 shall be paid to such other Revolving Lenders. Notwithstanding anything to the contrary in Section 4.2.1 and this Section 4.2.2, the LC Obligations owing to a Defaulting Lender may be reallocated to the other Lenders only to the extent that such reallocation does not cause the Total Revolver Exposure of any non-Defaulting Lender to exceed such non-Defaulting Lender’s Revolver Commitment. The Administrative Agent shall be paid all LC Participation Fees fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower Borrowers hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Unused Line Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower Company hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Unused Line Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid reimburse to the applicable Borrower all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts amounts, in accordance with this Agreement, to the Borrowers of the Borrower hereunderGroup to which such defaulted obligations relate. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee unused line fees under Section 4.01(a)3. 2.1. To the extent If any LC Obligations owing to a Defaulting Defaulted Lender are reallocated to other Revolving Lenders, LC Participation Fees fees attributable to such LC Obligations under Section 4.01(c) 3.2.2, Section 3.2.3, and Section 3.2.4, as applicable, shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts amounts, in accordance with this Agreement, to the Borrowers of the Borrower hereunderGroup to which such defaulted obligations relate. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee unused line fees under Section 4.01(a)3. 2.1. To the extent If any LC Obligations owing to a Defaulting Defaulted Lender are reallocated to other Revolving Lenders, LC Participation Fees fees attributable to such LC Obligations under Section 4.01(c) 3.2.2, Section 3.2.3, Section 3.2.4, and Section 3.2.5, as applicable, shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Unused Line Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable required to be paid to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower Borrowers hereunder. A Lender shall not be entitled to receive (and no Credit Party shall be obligated to pay) any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Unused Line Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Agent may apply use such amounts to cover the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or to readvance the amounts to the Borrower hereunderor to repay Obligations. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which while it is a Defaulting Lender, Lender and the its unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee commitment fee under Section 4.01(a2.09(a). To the extent If any LC L/C Obligations owing to a Defaulting Defaulted Lender are reallocated to other Revolving Lenders, LC Participation Fees fees attributable to such LC L/C Obligations under Section 4.01(c2.03(h) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees fees attributable to LC L/C Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s 's defaulted obligations, use the funds to Cash Collateralize such Defaulting Lender’s 's Fronting Exposure, or readvance the amounts to the Borrower hereunderBorrowers hereunder or repay Obligations. A Lender shall not be entitled to receive unused line fees paid pursuant to Section 3.2.1, letter of credit facility fees paid pursuant to Section 3.2.2 or any other fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee unused line fee under Section 4.01(a)Section 3.2.1. To the extent If any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Revolver Lenders, LC Participation Fees fees attributable to such LC Obligations under Section 4.01(c) 3.2.2 shall be paid to such other Revolving Revolver Lenders. The Administrative Agent shall be paid all LC Participation Fees fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Lead Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Defaulted Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the applicable Lead Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Defaulted Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Non-Non- Defaulting Lenders and other Secured Creditors have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Unused Line Fee under Section 4.01(a). To the extent any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Agent may apply such amounts to the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or readvance the amounts to the Borrower hereunder. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which it is a Defaulting Lender, and the unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee under Section 4.01(a2.05(a). To the extent any LC Obligations owing to a Defaulting Defaulted Lender are reallocated to other Revolving Lenders, LC Participation Fees attributable to such LC Obligations under Section 4.01(c2.05(c) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees attributable to LC Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Agent may apply use such amounts to cover the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or to readvance the amounts to the Borrower hereunderor to repay Obligations. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which while it is a Defaulting Lender, Lender and the its unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee commitment fee under Section 4.01(a2.09(b). To the extent If any LC L/C Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees fees attributable to such LC L/C Obligations under Section 4.01(c2.03(h) shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees fees attributable to LC L/C Obligations that are not so reallocated.

Payments; Fees. The Administrative Agent may, in its discretion, receive and retain any amounts payable to a Defaulting Lender under the Credit Loan Documents, and a Defaulting Lender shall be deemed to have assigned to the Administrative Agent such amounts until all Obligations owing to the Administrative Agent, Nonnon-Defaulting Lenders and other Secured Creditors Parties have been paid in full. The Administrative Notwithstanding anything to the contrary set forth in this Agreement, any amount applied to the Loans shall be applied first to the Loans that are not FILO Loans until repaid in full, and then to FILO Loans. Agent may apply use such amounts to cover the Defaulting Lender’s defaulted obligations, use the funds to Cash Collateralize such Lender’s Fronting Exposure, or to readvance the amounts to the Borrower hereunderBorrowers or to repay Obligations. A Lender shall not be entitled to receive any fees accruing hereunder during the period in which while it is a Defaulting Lender, Lender and the its unfunded portion of its Revolving Commitment shall be disregarded for purposes of calculating the Commitment Fee unused line fee under Section 4.01(a)3.2. 1. To the extent If any LC Obligations owing to a Defaulting Lender are reallocated to other Revolving Lenders, LC Participation Fees fees attributable to such LC Obligations under Section 4.01(c) 3.2.2 shall be paid to such other Revolving Lenders. The Administrative Agent shall be paid all LC Participation Fees fees attributable to LC Obligations that are not so reallocated.