Common use of Treatment of Certain Payments Clause in Contracts

Treatment of Certain Payments. Any amount received by the Administrative Agent or the Collateral Agent from any Loan Party (or from proceeds of any Collateral) following any Event of Default that is continuing shall be applied: (i) first, ratably, to pay any fees, indemnities or expense reimbursements then due to the Administrative Agent or the Collateral Agent from the Borrowers (other than in connection with any Secured Hedge Agreement), (ii) second, towards payment of interest, premium and fees owing to any Lender with respect to this Agreement, the other Loan Documents or the Collateral, ratably among the Lenders, (iii) third, towards payment of the principal amount of the Obligations owing to any Lender and the Obligations owing to any Hedge Bank under any Secured Hedge Agreement, ratably among the parties entitled thereto in accordance with the amounts of such Obligations then due to such parties, (iv) fourth, towards payment of other Obligations of any Loan Party owing to the Administrative Agent, Collateral Agent, any Lender or any other Secured Party under the Loan Documents, ratably among the parties entitled thereto in accordance with the amounts of such Obligations then due to such parties, and (v) last, the balance, if any, after all of the Obligations have been paid in full in cash, to the Borrowers or as otherwise required by Requirements of Law. In carrying out the foregoing, amounts received shall be applied in the numerical order provided until exhausted prior to the application to the next succeeding category.

Treatment of Certain Payments. Any Subject to the terms of any applicable Intercreditor Agreement, any amount received by the Administrative Agent Trustee or the Collateral Agent from any Loan Note Party (or from proceeds of any Collateral) following any Event of Default that is continuing or any acceleration of the Obligations under this Indenture or any Event of Default with respect to the Issuer under Section 10.01(h) or (i), in each case that is continuing, shall be applied: : (i) first, ratably, to pay any fees, indemnities or expense reimbursements then due to the Administrative Agent Trustee or the Collateral Agent from the Borrowers (other than Issuer, including those set forth in connection with any Secured Hedge Agreement), Section 11.07 of this Indenture, (ii) second, towards payment of interest, premium interest and fees owing to any Lender then due from the Issuer hereunder with respect to this Agreement, Obligations that have priority under the other Loan Documents or the Collateral, ratably among the Lenders, (iii) third, towards payment of the principal amount of the Obligations owing to any Lender and the Obligations owing to any Hedge Bank under any Secured Hedge AgreementPriority Waterfall, ratably among the parties entitled thereto in accordance with the amounts of such Obligations interest and fees then due to such parties, , (iviii) fourththird, towards payment of other Obligations of any Loan Party owing then due from the Issuer hereunder with respect to the Administrative Agent, Collateral Agent, any Lender or any other Secured Party Obligations that have priority under the Loan DocumentsPriority Waterfall, ratably among the parties entitled thereto in accordance with the amounts of such Obligations then due to such parties, and and (viv) last, the balance, if any, after all of the Obligations have been paid in full in cashfull, to the Borrowers Issuer or as otherwise required by Requirements of Law. In carrying out the foregoing, amounts received shall be applied in the numerical order provided until exhausted prior to the application to the next succeeding category.

Treatment of Certain Payments. Any Subject to the terms of any applicable Intercreditor Agreement, any amount received by the Administrative Agent Trustee or the Collateral Agent from any Loan Note Party (or from proceeds of any Collateral) following any Event of Default that is continuing or any acceleration of the Note Obligations under this Indenture or any Event of Default with respect to the Issuer under Section 10.01(h) or (i), in each case that is continuing, shall be applied: : (i) first, ratably, to pay any fees, indemnities or expense reimbursements then due under any Note Document to the Administrative Agent Trustee or the Collateral Agent from the Borrowers (other than Issuer or any Note Party, including those set forth in connection with any Secured Hedge Agreement), Section 11.07 of this Indenture, (ii) second, towards payment of interest, premium interest and fees owing to any Lender then due from the Issuer hereunder with respect to this Agreement, the other Loan Documents or the CollateralNote Obligations, ratably among the Lenders, parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, (iii) third, towards payment of other Note Obligations then due from the principal amount of the Obligations owing Issuer hereunder with respect to any Lender and the Obligations owing to any Hedge Bank under any Secured Hedge AgreementNote Obligations, ratably among the parties entitled thereto in accordance with the amounts of such Obligations then due to such parties, (iv) fourth, towards payment of other Obligations of any Loan Party owing to the Administrative Agent, Collateral Agent, any Lender or any other Secured Party under the Loan Documents, ratably among the parties entitled thereto in accordance with the amounts of such Note Obligations then due to such parties, and and (viv) last, the balance, if any, after all of the Note Obligations have been paid in full in cashfull, to the Borrowers Issuer or as otherwise required by Requirements of Law. In carrying out the foregoing, amounts received shall be applied in the numerical order provided until exhausted prior to the application to the next succeeding category.