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Common use of Payments Subsequent to Event of Default Clause in Contracts

Payments Subsequent to Event of Default. Notwithstanding anything in this Agreement or any other Loan Document which may be construed to the contrary, subsequent to the occurrence and during the continuance of an Event of Default, payments and prepayments with respect to the Obligations made to the Lender Group, or any of them, or otherwise received by any member of the Lender Group (from realization on Collateral or otherwise) shall be distributed in the following order of priority (subject, as applicable, to Section 2.10): FIRST, pro rata, to the payment of (i) out-of-pocket costs and expenses (including reasonable attorneys’ fees) of the Administrative Agent incurred in connection with the enforcement of the rights of the Lender Group under the Loan Documents, and (ii) any Agent Advances made by the Administrative Agent under or pursuant to the terms of the Loan Documents (including any costs incurred in connection with the sale or disposition of any Collateral); SECOND, pro rata, to payment of any fees owed to the Administrative Agent, the Issuing Bank or the Swing Bank hereunder or under any other Loan Document;

Appears in 4 contracts

Samples: Credit Agreement (Haverty Furniture Companies Inc), Credit Agreement (Affinity Guest Services, LLC), Credit Agreement (Haverty Furniture Companies Inc)

Payments Subsequent to Event of Default. Notwithstanding anything in this Agreement or any other Loan Document Documents which may be construed to the contrary, subsequent to the occurrence and during the continuance of an Event of Default, payments and prepayments with respect to the Obligations made to the Lender Group, or any of them, or otherwise received by any member of the Lender Group (from realization on Collateral or otherwise) shall be distributed in the following order of priority (subject, as applicable, to Section 2.10): FIRST, pro rata, to the payment of (i) out-of-pocket costs and expenses (including without limitation reasonable attorneys’ fees) of the Administrative Agent incurred in connection with the enforcement of enforcing the rights of the Lender Group Lenders under the Loan Documents, and (ii) any Agent Advances made by the Administrative Agent under or pursuant to the terms of the Loan Documents (including including, without limitation, any costs incurred in connection with the sale or disposition of any Collateral); SECOND, pro rata, to payment of any fees owed to the Administrative Agent, the Issuing Bank Banks or the Swing Bank hereunder or under any other Loan Document;

Appears in 4 contracts

Samples: Credit Agreement (Oxford Industries Inc), Credit Agreement (Oxford Industries Inc), Credit Agreement (Oxford Industries Inc)

Payments Subsequent to Event of Default. Notwithstanding anything in this Agreement or any other Loan Document Documents which may be construed to the contrary, subsequent to the occurrence and during the continuance of an Event of Default, payments and prepayments with respect to the Obligations made to the Lender Group, or any of them, or otherwise received by any member of the Lender Group (from realization on Collateral or otherwise) shall be distributed in the following order of priority (subject, as applicable, to clause (a) of the definition of Permitted Asset Disposition and Section 2.10): FIRST, pro rata, to the payment of (i) out-of-pocket costs and expenses (including without limitation indemnification and reasonable attorneys’ fees) of the Administrative Agent incurred in connection with the enforcement of respect to enforcing the rights of the Lender Group Lenders under the Loan Documents, and (ii) any Agent Advances made by the Administrative Agent Documents or that are otherwise required to be paid under or pursuant to the terms of the Loan Documents in connection therewith (including including, without limitation, any costs incurred in connection with the sale or disposition of any Collateral); SECOND, pro rata, to payment of any fees owed to the Administrative Agent, the Issuing Bank or the Swing Bank hereunder or under any other Loan Document;

Appears in 1 contract

Samples: Credit Agreement (Vulcan Materials CO)

Payments Subsequent to Event of Default. Notwithstanding anything in this Agreement or any other Loan Document Documents which may be construed to the contrary, subsequent to the occurrence and during the continuance of an Event of Default, payments and prepayments with respect to the Obligations made to the Lender Group, or any of them, or otherwise received by any member of the Lender Group (from realization on Collateral or otherwise) shall be distributed in the following order of priority (subject, as applicable, to Section 2.10): FIRST, pro rata, ,to the payment of (i) out-of-pocket costs and expenses (including without limitation reasonable attorneys’ fees) of the Administrative Agent incurred in connection with the enforcement of enforcing the rights of the Lender Group Lenders under the Loan Documents, and (ii) any Agent Advances made by the Administrative Agent under or pursuant to the terms of the Loan Documents (including including, without limitation, any costs incurred in connection with the sale or disposition of any Collateral); SECOND, pro rata, to payment of any fees owed to the Administrative Agent, the Issuing Bank Banks or the Swing Bank hereunder or under any other Loan Document;

Appears in 1 contract

Samples: Second Amendment to Fourth Amended and Restated Credit Agreement (Oxford Industries Inc)

Payments Subsequent to Event of Default. Notwithstanding anything in this Agreement or any other Loan Document Documents which may be construed to the contrarycontrary (including, without limitation, Section 2.6), subsequent to the occurrence and during the continuance of an Event of Default, payments and prepayments with respect to the Obligations made to the Lender GroupAdministrative Agent or the Lenders, or any of them, or otherwise received by the Administrative Agent or any member of the Lender Group (from realization on Collateral or otherwise) shall be distributed applied to the Obligations in the following order of priority (subject, as applicable, to Section 2.10): FIRST, pro rata, to the payment of (i) out-of-pocket costs and expenses (including without limitation reasonable attorneys’ fees) of the Administrative Agent incurred in connection with the enforcement of respect to enforcing the rights of the Lender Group Lenders under the Loan Documents, and (ii) any Agent Advances made by the Administrative Agent under or pursuant to the terms of the Loan Documents (including including, without limitation, any costs incurred in connection with the sale or disposition Disposition of any Collateral); SECOND, pro rata, to payment of any fees owed to the Administrative Agent, the Issuing Bank or the Swing Bank hereunder or under any other Loan Document;

Appears in 1 contract

Samples: Credit Agreement (RLJ Entertainment, Inc.)