Common use of Allocation of Certain Payments and Proceeds Clause in Contracts

Allocation of Certain Payments and Proceeds. If an Event of Default has occurred and not been waived, and the maturity of the Obligations has been accelerated pursuant to Section 8.1, all payments or proceeds received by Agents hereunder in respect of any principal of, or interest on, the Obligations, or in respect of any other of the Obligations, shall be applied by Agents in the following order: first, amounts due to Agents pursuant to Section 10.2, to be applied for the ratable benefit of Agents; second, amounts due to Lenders, if any, pursuant to Sections 2.18, 2.22 or 2.23, to be applied for the ratable benefit of Lenders without distinction or preference as among them; third, amounts due to Lenders pursuant to Sections 2.10 and 10.2, to be applied for the ratable benefit of Lenders without distinction or preference as among them; fourth, amounts due to Agents pursuant to Section 2.10(f), to be applied in accordance therewith; fifth, payments of interest on Loans, to be applied for the ratable benefit of Lenders, without distinction or preference as among Term Loans, Multicurrency Facility Loans and US Facility Loans; sixth, payments of principal on Loans, and all Obligations then payable to any Lender Counterparty pursuant to a Hedge Agreement permitted hereby, to be applied for the ratable benefit of Lenders and such Lender Counterparties, without distinction or preference as among Term Loans, Multicurrency Facility Loans and US Facility Loans and such Hedge Agreements; seventh, amounts due to Agents or Lenders pursuant to Section 10.3, to be applied for the ratable benefit of Agents and Lenders; eighth, payments of all other Obligations due under any of the Credit Documents, if any, to be applied for the ratable benefit of Lenders and Agents; and ninth, any surplus remaining after application as provided for herein, to Company or as otherwise may be required by applicable law.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Stryker Corp), Credit and Guaranty Agreement (Stryker Corp)

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Allocation of Certain Payments and Proceeds. If an Event of Default has shall have occurred and not been otherwise be waived, and the maturity of the Obligations has shall have been accelerated pursuant to Section 8.1, all payments or proceeds received by Agents hereunder in respect of any principal of, or interest on, the Obligations, or in respect of any other of the Obligations, shall be applied by Agents in the following order: first, amounts due to Agents Administrative Agent pursuant to Section 10.2, to be applied for the ratable benefit of Agents; second, amounts due to Lenders, if any, pursuant to Sections 2.182.17, 2.22 2.18 or 2.232.19, to be applied for the ratable benefit of Lenders without distinction or preference as among them; third, amounts due to Lenders pursuant to Sections 2.10 and Section 10.2, to be applied for the ratable benefit of Lenders without distinction or preference as among them; fourth, amounts due to Agents pursuant to Section 2.10(f2.9(d), to be applied in accordance therewith; fifth, amounts due to Lenders pursuant to Section 2.9 and payments of interest on Loans, to be applied for the ratable benefit of Lenders, without distinction or preference as among Term Loans, Multicurrency Facility Loans and US Facility Loansthem; sixth, payments of principal on Loans, and all Obligations then payable to any Lender Counterparty pursuant to a Hedge an Interest Rate Agreement required pursuant to Section 5.11 permitted hereby, to be applied for the ratable benefit of Lenders and such Lender Counterparties, without distinction or preference as among Term Loans, Multicurrency Facility Loans and US Facility Loans and such Hedge Agreementsthem; seventh, amounts due to Agents or Lenders Indemnitees pursuant to Section 10.3, to be applied for the ratable benefit of Agents and Lendersthereof; eighth, payments of all other Obligations due under any of the Credit Documents, if any, to be applied for the ratable benefit of Lenders and Agents; and ninth, any surplus remaining after application as provided for herein, to Company Borrower or as otherwise may be required by applicable law.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Muzak Finance Corp)

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Allocation of Certain Payments and Proceeds. If an Event of Default has shall have occurred and not been otherwise be waived, and the maturity of the Obligations has shall have been accelerated pursuant to Section 8.1, all payments or proceeds received by Agents hereunder in respect of any principal of, or interest on, the Obligations, or in respect of any other of the Obligations, shall be applied by Agents in the following order: first, amounts due to the Agents pursuant to Section 10.2, to be applied for the ratable benefit of Agents; second, amounts due to Lenders, if any, pursuant to Sections 2.16, 2.17 or 2.18, 2.22 or 2.23, to be applied for the ratable benefit of Lenders without distinction or preference as among them; third, amounts due to Lenders pursuant to Sections 2.10 2.8 and 10.2, to be applied for the ratable benefit of Lenders without distinction or preference as among them; fourth, amounts due to Agents pursuant to Section 2.10(f)2.8, to be applied in accordance therewith; fifth, payments of interest on Loans, to be applied for the ratable benefit of Lenders, without distinction or preference as among Term Loans, Multicurrency Facility Loans and US Facility Loansthem; sixth, payments of principal on Loans, and all Obligations then payable to any Lender Counterparty pursuant to a Hedge Agreement permitted hereby, to be applied for the ratable benefit of Lenders and such Lender Counterparties, without distinction or preference as among Term Loans, Multicurrency Facility Loans and US Facility Loans and such Hedge Agreementsthem; seventh, amounts due to Agents or Lenders Indemnitees pursuant to Section 10.3, to be applied for the ratable benefit of Agents and Lendersthereof; eighth, payments of all other Obligations due under any of the Credit Documents, if any, to be applied for the ratable benefit of Lenders and Agents; and ninth, any surplus remaining after application as provided for herein, to Company Borrower or as otherwise may be required by applicable law.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Allegiance Telecom Inc)

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