Prepayments Waterfall. Any payment of any Note made pursuant to Sections 2.7, 2.8, or 2.9 shall be applied as follows (as modified by any Supplement): first, ratably to pay all expenses, fees and actual, incurred indemnities to the full extent thereof; second, ratably to pay any accrued Tranche A Interest (including interest at the Default Rate, if any) or any cash interest accrued on the Supplemental Notes until paid in full; third, ratably to pay the Tranche A Make-Whole Amount and the Repayment Premium, if any, on the Tranche A Notes until paid in full (including, for the avoidance of doubt, any Tranche A Make-Whole Amount or Repayment Premium resulting from the prepayment of principal under clause fourth below) and any premiums, make-whole amounts or other amounts required to be paid with respect to any Supplemental Notes; fourth, to prepay the principal amount of all Notes then outstanding until paid in full; fifth, ratably to pay any other Obligations then due and payable; and sixth, to the Issuer.
Appears in 3 contracts
Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)
Prepayments Waterfall. Any payment of any Note made pursuant to Sections 2.7, 2.8, or 2.9 shall be applied as follows (as modified by any Supplement): first, ratably to pay all expenses, fees and actual, incurred indemnities to the full extent thereof; second, ratably to pay any accrued Tranche A Cash Interest (including interest at the Default Rate, if any) or any cash interest accrued on the Supplemental Notes until paid in full; third, ratably to pay the Tranche A Make-Whole Amount and the Repayment Premium, if any, on the Tranche A Notes until paid in full (including, for the avoidance of doubt, any Tranche A Make-Whole Amount or Repayment Premium resulting from the prepayment of principal under clause fourth below) and any premiums, make-whole amounts or other amounts required to be paid with respect to any Supplemental Notes; fourth, to prepay the principal amount of all Notes then outstanding until paid in full; fifth, ratably to pay any other Obligations then due and payable; and sixth, to the Issuer.
Appears in 1 contract
Samples: Note Purchase Agreement (Osage Exploration & Development Inc)
Prepayments Waterfall. Any payment of any Note made pursuant to Sections 2.7, 2.8, or 2.9 shall be applied as follows (as modified by any Supplement): first, ratably to pay all expenses, fees and actual, incurred indemnities to the full extent thereof; second, ratably to pay any accrued Tranche A Senior Secured Interest (including interest at the Default Rate, if any) or any cash interest accrued on the Supplemental Notes until paid in full; third, ratably to pay the Tranche A Senior Secured Make-Whole Amount and the Repayment Premium, if any, on the Senior Secured Tranche A Notes until paid in full (including, for the avoidance of doubt, any Tranche A Senior Secured Make-Whole Amount or Repayment Premium resulting from the prepayment of principal under clause fourth below) and any premiums, make-whole amounts or other amounts required to be paid with respect to any Supplemental Notes; fourth, to prepay the principal amount of all Notes then outstanding until paid in full; fifth, ratably to pay any other Obligations then due and payable; and sixth, to the Issuer.
Appears in 1 contract
Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.)