Common use of Prepayments Waterfall Clause in Contracts

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.)

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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)

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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.)

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