Common use of Xxxxxx and Repayment of Advances Clause in Contracts

Xxxxxx and Repayment of Advances. (a) The Cash Collateral Reimbursement Obligations and Delayed Draw Term Loans shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided. Notwithstanding the foregoing, all Advances shall be subject to earlier repayment upon (x) acceleration upon the occurrence of an Event of Default under this Agreement or (y) termination of this Agreement. Subject to the provisions of Section 11.5 hereof and also to any separate written agreements among any applicable Cash Collateral Providers, each payment (including each prepayment) by on behalf of any Loan Party on account of the principal of and/or interest or other amount on the Advances shall be applied, first to the interest, fees and Prepayment Premium accrued and unpaid on any outstanding Cash Collateral Reimbursement Obligations and Delayed Draw Term Loans, second, to the principal of any Delayed Draw Term Loans and third, to the Cash Collateral Reimbursement Obligations pro rata according to the applicable Cash Collateral Commitment Percentages of the Cash Collateral Providers. (b) [Reserved]. (c) All payments to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. All payments of principal, interest, fees and other amounts payable hereunder, or under any of the Other Documents shall be made directly to the applicable Cash Collateral Providers at the applicable Payment Offices not later than 1:00 p.m. on the due date therefor in Dollars in federal funds or other funds immediately available to such Cash Collateral Provider in accordance with wire instructions provided to the Borrowing Agent by such Cash Collateral Provider. (d) Except as expressly provided herein, all payments (including prepayments) to be made by Borrowers on account of principal, interest, fees and other amounts payable hereunder shall be made without deduction, setoff or counterclaim and shall be made to directly to the applicable Cash Collateral Provider to the applicable Payment Offices in accordance with wire instructions provided by such Cash Collateral Provider in writing from time to time, in each case on or prior to 1:00 p.m., in Dollars and in immediately available funds. 2.11. [Reserved]. 2.12. [Reserved]. 2.13. [Reserved]. 2.14. [Reserved]. 2.15. [Reserved]. 2.16. [Reserved]. 2.17. [Reserved].

Xxxxxx and Repayment of Advances. (a) Borrower promises to pay the Obligations (including principal, interest, premiums, fees, costs and expenses) in full on the last day of the Term or, if earlier, on the date on which the Obligations are declared due and payable pursuant to the terms of this Agreement. All payments, prepayments and repayments of any kind will be accompanied by accrued and unpaid interest on the principal amount paid through the date of payment (together with any other amounts required under this Agreement). The Cash Collateral Reimbursement Obligations and Delayed Draw Initial Term Loans shall be due and payable as provided in Section 2.3(a) hereof and shall be due and payable in full on the last day of the Term Term, subject to earlier prepayment mandatory prepayments as herein provided. The Delayed Draw Term Loans shall be due and payable as provided in Section 2.3(b) hereof and shall be due and payable in full on the last day of the Term, subject to mandatory prepayments as herein provided. Notwithstanding the foregoing, all Advances shall be subject to earlier repayment upon (x) acceleration upon the occurrence of an Event of Default under this Agreement or (y) termination of this Agreement. Subject to the provisions of Section 11.5 hereof and also to any separate written agreements among any applicable Cash Collateral Providers, each Each payment (including each prepayment) by on behalf of any Loan Party Borrower on account of the principal of and/or and interest or other amount on the Advances Initial Term Loans shall be applied, first applied to the interest, fees and Prepayment Premium accrued and unpaid Initial Term Loans on any outstanding Cash Collateral Reimbursement Obligations and Delayed Draw Term Loans, second, to a pro rata basis. Each payment (including each prepayment) by Borrower on account of the principal of any and interest on the Delayed Draw Term Loans and third, shall be applied to the Cash Collateral Reimbursement Obligations Delayed Draw Term Loans on a pro rata according to the applicable Cash Collateral Commitment Percentages of the Cash Collateral Providersbasis. (b) [Reserved]Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral may not be collectible by Administrative Agent on the date received by it. Administrative Agent shall conditionally credit Xxxxxxxx’s Account for each item of payment on the next Business Day after the Business Day on which such item of payment is received by Administrative Agent (and the Business Day on which each such item of payment is so credited shall be referred to, with respect to such item, as the “Application Date”). Administrative Agent is not, however, required to credit Xxxxxxxx’s Account for the amount of any item of payment which is unsatisfactory to Administrative Agent and it may charge Xxxxxxxx’s Account for the amount of any item of payment which is returned, for any reason whatsoever, to Administrative Agent unpaid. Subject to the foregoing, Xxxxxxxx agrees that for purposes of computing the interest charges under this Agreement, each item of payment received by Administrative Agent shall be deemed applied by it on account of the Obligations on its respective Application Date. All proceeds received by Administrative Agent shall be applied to the satisfaction of the Obligations in accordance with Section 11.5 hereof; provided, that, in the absence of any Event of Default, (I) payments matching specified scheduled payments then due shall be applied to those scheduled payments, (II) mandatory prepayments shall be applied as set forth in Section 2.20 hereof, and (III) during a Cash Dominion Period, cash in a Controlled Account shall be applied to the Obligations in accordance with Section 4.8 hereof. (c) All payments to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. All payments (including prepayments) of principal, interest, fees interest and other amounts payable hereunder, or under any of the Other Documents shall be made directly to the applicable Cash Collateral Providers Administrative Agent at the applicable Payment Offices Office not later than 1:00 p.m. p.m., New York time, on the due date therefor in Dollars in federal funds or other funds immediately available to such Cash Collateral Provider in accordance with wire instructions provided to the Borrowing Administrative Agent by such Cash Collateral Provider. (d) Except as expressly provided herein, all payments (including prepayments) to be made by Borrowers on account of principal, interest, fees and other amounts payable hereunder shall be made without deduction, setoff or counterclaim counterclaim; and funds received after that hour shall be made deemed to directly have been received by Administrative Agent on the following Business Day. Borrower shall promptly notify Administrative Agent of any such payment and/or prepayment of the Term Loans. Administrative Agent shall have the right, but not the obligation, to effectuate payment of any and all Obligations due and owing hereunder by charging Xxxxxxxx’s Account or by making Advances to the applicable Cash Collateral Provider to the applicable Payment Offices in accordance with wire instructions provided extent contemplated and permitted by such Cash Collateral Provider in writing from time to time, in each case on or prior to 1:00 p.m., in Dollars and in immediately available funds. 2.11. [Reserved]. 2.12. [Reserved]. 2.13. [Reserved]. 2.14. [Reserved]. 2.15. [Reserved]. 2.16. [Reserved]. 2.17. [Reserved]Section 2.2 hereof.

Xxxxxx and Repayment of Advances. (a) The Cash Collateral Reimbursement Obligations Revolving Advances and Delayed Draw Term Swing Loans shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided. Notwithstanding the foregoing, all Advances shall be subject to earlier repayment upon (x) acceleration upon the occurrence of an Event of Default under this Agreement or (y) termination of this Agreement. Subject to the provisions of Section 11.5 hereof and also to any separate written agreements among any applicable Cash Collateral Providers, each Each payment (including each prepayment) by on behalf of any Loan Party Borrower on account of the principal of and/or and interest or other amount on the Advances shall be applied, first to the interest, fees and Prepayment Premium accrued and unpaid on any outstanding Cash Collateral Reimbursement Obligations and Delayed Draw Term Loans, second, to the principal of any Delayed Draw Term Swing Loans and thirdnext, to the Cash Collateral Reimbursement Obligations pro rata according to the applicable Cash Collateral Revolving Commitment Percentages of Lenders, to the Cash outstanding Revolving Advances (subject to any contrary provisions of Section 2.22). Each Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral Providersmay not be collectible by Agent on the date received by Agent. Agent shall conditionally credit Borrowers' Account for each item of payment on the next Business Day after the Business Day on which such item of payment is received by Agent (b) [Reserved]. (c) All payments to be made by and the Borrowers Business Day on which each such item of payment is so credited shall be made free referred to, with respect to such item, as the "Application Date") Agent is not, however, required to credit Borrowers' Account for the amount of any item of payment which is unsatisfactory to Agent and clear Agent may charge Borrowers' Account for the amount of and without condition or deduction any item of payment which is returned, for any counterclaimreason whatsoever, defenseto Agent unpaid. Subject to the foregoing, recoupment Borrowers agree that for purposes of computing the interest charges under this Agreement, each item of payment received by Agent shall be deemed applied by Agent on account of the Obligations on its respective Application Date. Borrowers further agree that there is a monthly float charge payable to Agent for Agent's sole benefit, in an amount equal to (y) the face amount of all items of payment received during the prior month (including items of payment received by Agent as a wire transfer or setoffelectronic depository check) multiplied by (z) the Revolving Interest Rate with respect to Domestic Rate Loans for one (1) Business Day. All proceeds received by Agent shall be applied to the Obligations in accordance with Section 4.8(h). All payments of principal, interest, fees interest and other amounts payable hereunder, or under any of the Other Documents shall be made directly to the applicable Cash Collateral Providers Agent at the applicable Payment Offices Office not later than 1:00 p.m. on the due date therefor in Dollars in federal funds or other funds immediately available to such Cash Collateral Provider Agent. Agent shall have the right to effectuate payment of any and all Obligations due and owing hereunder by charging Borrowers' Account or by making Advances as provided in accordance with wire instructions provided to the Borrowing Agent by such Cash Collateral ProviderSection 2.2 hereof. (d) Except as expressly provided herein, all payments (including prepayments) to be made by Borrowers any Borrower on account of principal, interest, fees and other amounts payable hereunder shall be made without deduction, setoff or counterclaim and shall be made to directly Agent on behalf of Lenders to the applicable Cash Collateral Provider to the applicable Payment Offices in accordance with wire instructions provided by such Cash Collateral Provider in writing from time to timeOffice, in each case on or prior to 1:00 p.m., in Dollars and in immediately available funds. 2.11. [Reserved]. 2.12. [Reserved]. 2.13. [Reserved]. 2.14. [Reserved]. 2.15. [Reserved]. 2.16. [Reserved]. 2.17. [Reserved].

Xxxxxx and Repayment of Advances. (a) The Cash Collateral Reimbursement Obligations Revolving Advances and Delayed Draw Term Swing Loans shall be due and payable in full on the last day of the Term subject to earlier prepayment as herein provided. Notwithstanding the foregoing, all Advances shall be subject to earlier repayment upon (x) acceleration upon the occurrence of an Event of Default under this Agreement or (y) termination of this Agreement. Subject to the provisions of Section Sections 4.8(h) and 11.5 hereof and also to any separate written agreements among any applicable Cash Collateral ProvidersLenders, each payment (including each prepayment) by on behalf of any Loan Party on account of the principal of and/or interest or other amount on the Advances (other than the Letters of Credit) shall be applied, first to the interest, fees and Prepayment Premium interest accrued and unpaid on any outstanding Cash Collateral Reimbursement Obligations Swing Loans and Delayed Draw Term Revolving Advances, second. to the principal of any outstanding Swing Loans, secondand third, to the principal of any Delayed Draw Term Loans and third, to the Cash Collateral Reimbursement Obligations Revolving Advances pro rata according to the applicable Cash Collateral Revolving Commitment Percentages of the Cash Collateral ProvidersRevolving Lenders (subject to any contrary provisions of Section 2.22 hereof). (b) [Reserved]Each Borrower recognizes that the amounts evidenced by checks, notes, drafts or any other items of payment relating to and/or proceeds of Collateral may not be collectible by Agent on the date received by Agent. During any Cash Dominion Period, Agent shall conditionally credit Borrowers’ Account for each item of payment received through the Blocked Accounts and the Depositary Accounts on the next Business Day after the Business Day on which such item of payment is received by Agent (and the Business Day on which each such item of payment is so credited shall be referred to, with respect to such item, as the “Application Date”). Agent is not, however, required to credit Borrowers’ Account for the amount of any item of payment which is unsatisfactory to Agent and Agent may charge Borrowers’ Account for the amount of any item of payment which is returned, for any reason whatsoever, to Agent unpaid. Subject to the foregoing, Borrowers agree that for purposes of computing the interest charges under this Agreement, each item of payment received by Agent shall be deemed applied by Agent on account of the Obligations on its respective Application Date. During any Cash Dominion Period, all proceeds received by Agent shall be applied to the Obligations in accordance with Section 4.8(h). (c) All payments to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. All payments of principal, interest, fees interest and other amounts payable hereunder, or under any of the Other Documents shall be made directly to the applicable Cash Collateral Providers Agent at the applicable Payment Offices Office not later than 1:00 p.m. on the due date therefor in Dollars in federal funds or other funds immediately available to such Cash Collateral Provider Agent. Agent shall have the right to effectuate payment of any and all Obligations due and owing hereunder by charging Borrowers’ Account or by making Advances as provided in accordance with wire instructions provided to the Borrowing Agent by such Cash Collateral ProviderSection 2.2 hereof. (d) Except as expressly provided herein, all payments (including prepayments) to be made by Borrowers on account of principal, interest, fees and other amounts payable hereunder shall be made without deduction, setoff or counterclaim and shall be made to directly Agent on behalf of Lenders to the applicable Cash Collateral Provider to the applicable Payment Offices in accordance with wire instructions provided by such Cash Collateral Provider in writing from time to timeOffice, in each case on or prior to 1:00 p.m., in Dollars and in immediately available funds. 2.11. [Reserved]. 2.12. [Reserved]. 2.13. [Reserved]. 2.14. [Reserved]. 2.15. [Reserved]. 2.16. [Reserved]. 2.17. [Reserved]2.9.