Common use of Application of Payments Clause in Contracts

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 62 contracts

Samples: Intercreditor Agreement (Alliance One International, Inc.), Junior Lien Intercreditor Agreement (Virtu Financial, Inc.), Share Pledge Agreement (Skype S.a r.l.)

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Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent in accordance with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 12 contracts

Samples: Indenture (Maxar Technologies Inc.), Intercreditor Agreement (Focus Financial Partners Inc.), Intercreditor Agreement (Focus Financial Partners Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties Lenders may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations Lender Claims as the Senior Secured PartiesLenders, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Lender Documents. Except as otherwise provided herein, each Second Second-Priority RepresentativeAgent, on behalf of itself and each Second applicable Second-Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents to any such extension or postponement of the time of payment of the Senior Obligations Lender Claims or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations Lender Claims and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 10 contracts

Samples: Intercreditor Agreement (Hexion Inc.), Intercreditor Agreement (Momentive Performance Materials Inc.), Intercreditor Agreement (Verso Paper Corp.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Junior Priority Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 10 contracts

Samples: Credit Agreement (Sra International Inc), Junior Lien Intercreditor Agreement (Diamond Offshore Drilling, Inc.), Intercreditor Agreement (Owens & Minor Inc/Va/)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Priority Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Priority Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Priority Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Secured Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 8 contracts

Samples: Term Credit Agreement (Fossil Group, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.), Junior Priority Intercreditor Agreement (Mens Wearhouse Inc)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Junior Representative, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Junior Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 8 contracts

Samples: Intercreditor Agreement (SMART Global Holdings, Inc.), Term Intercreditor Agreement (Horizon Global Corp), First Lien Security Agreement (Walter Investment Management Corp)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Junior Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 7 contracts

Samples: Credit Agreement (W R Grace & Co), Junior Intercreditor Agreement (Houghton Mifflin Harcourt Co), Credit Agreement (Wyndham Destinations, Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations Lender Claims as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Lender Documents. Except as otherwise provided herein, each Second Priority RepresentativeAgent, on behalf of itself and each applicable Second Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents to any such extension or postponement of the time of payment of the Senior Obligations Lender Claims or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations Lender Claims and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 5 contracts

Samples: Intercreditor Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Priority Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Priority Obligations as the Senior Priority Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Priority Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Secured Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Priority Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Priority Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 5 contracts

Samples: Junior Priority Intercreditor Agreement (MultiPlan Corp), Junior Priority Intercreditor Agreement (Snap One Holdings Corp.), Intercompany Loan Agreement (Grocery Outlet Holding Corp.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent and in accordance with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Junior Priority Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 4 contracts

Samples: Credit Agreement (Transfirst Holdings Corp.), Junior Lien Intercreditor Agreement (Vistra Energy Corp), Credit Agreement (Transfirst Holdings Corp.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority RepresentativeJunior Agent that becomes a party to this Agreement, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Debt Facilityrepresented thereby, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 4 contracts

Samples: Security Agreement (Norcraft Companies, Inc.), Intercreditor Agreement (Avaya Inc), Intercreditor Agreement (Avaya Inc)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person person primarily or secondarily liable therefor.

Appears in 3 contracts

Samples: Credit Agreement (Cbre Group, Inc.), Credit Agreement (Cbre Group, Inc.), Second Lien Intercreditor Agreement (Cb Richard Ellis Group Inc)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent in accordance with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Each Junior Representative, on behalf of itself and each Second Priority Junior Debt Party under its Second Priority Junior Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 2 contracts

Samples: Intercreditor Agreement (Focus Financial Partners Inc.), Intercreditor Agreement (Focus Financial Partners Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Debt Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Debt Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Debt Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 2 contracts

Samples: Intercreditor Agreement (Pennsylvania Real Estate Investment Trust), Intercreditor Agreement (Pennsylvania Real Estate Investment Trust)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt DocumentsDocuments and Section 4.01. Except as otherwise provided herein, each Each Second Priority Representative, on behalf of itself and each applicable Second Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 2 contracts

Samples: Intercreditor Agreement (Energy Future Intermediate Holding CO LLC), Intercreditor Agreement (Energy Future Intermediate Holding CO LLC)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, appropriate and consistent and in accordance with the terms of the Senior Debt Documents. Except as otherwise provided herein, each the Second Priority RepresentativeLien Collateral Agent, on behalf of itself and each Second other Junior Priority Debt Party under its Second Priority Debt FacilityParty, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 2 contracts

Samples: Lien Intercreditor Agreement (Ultra Petroleum Corp), Warrant Agreement (Ultra Petroleum Corp)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Junior Priority Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person person primarily or secondarily liable therefor.

Appears in 2 contracts

Samples: Credit Agreement (Costar Group Inc), Credit Agreement (Costar Group Inc)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.. SECTION 8.07

Appears in 1 contract

Samples: Second Lien Intercreditor Agreement

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security Lien that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Intercreditor Agreement (Cloud Peak Energy Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reappliedreap-plied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Security Agreement (Rockwood Holdings, Inc.)

Application of Payments. Except as otherwise expressly provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent in accordance with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Intercreditor Agreement (Carvana Co.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Credit Agreement (PRA Health Sciences, Inc.)

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Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations Lender Claims as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Lender Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each applicable Second Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents to any such extension or postponement of the time of payment of the Senior Obligations Lender Claims or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations Lender Claims and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties Lenders may be applied, reversed and reapplied, in whole or in part, to such part of the Senior First-Priority Lien Obligations as the Senior Secured PartiesLenders, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Lender Documents. Except as otherwise provided herein, each Second Second-Priority RepresentativeAgent, on behalf of itself and each Second applicable Second-Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents to any such extension or postponement of the time of payment of the Senior First-Priority Lien Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior First-Priority Lien Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Joinder Agreement (Us Oncology Corporate Inc)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Lien Intercreditor Agreement (Callon Petroleum Co)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second the Junior Priority Representative, on behalf of itself and each Second Priority Debt Junior Lien Secured Party under its Second Priority Debt Facilitythe Junior Lien Agreement, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Intercreditor Agreement

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Junior Priority Representative, on behalf of itself and each Second Junior Priority Debt Party under its Second Junior Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security in any Specified Collateral that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Under the Credit Agreement (L Brands, Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor. 8.7.

Appears in 1 contract

Samples: Credit Agreement (Activision Blizzard, Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt DocumentsDocuments and the First Lien Intercreditor Agreement. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Intercreditor Agreement (Driven Brands Holdings Inc.)

Application of Payments. Except as otherwise provided hereinherein and subject always to Section 4.01, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facilityrepresented by it, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Intercreditor Agreement (Toys R Us Inc)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Priority Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Priority Documents. Except as otherwise expressly provided herein, each Second Junior Priority RepresentativeAgent, on behalf of itself and each Second applicable Junior Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents to any such extension or postponement of the time of payment of the Senior Priority Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Priority Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Global Brokerage, Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Priority Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations Priority Claims as the Senior Priority Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Priority Documents. Except as otherwise provided herein, each Second Junior Priority RepresentativeAgent, on behalf of itself and each Second applicable Junior Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents to any such extension or postponement of the time of payment of the Senior Obligations Priority Claims or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations Priority Claims and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Intercreditor Agreement (Salem Media Group, Inc. /De/)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Lien Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Lien Obligations as the Senior Lien Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Lien Debt Documents. Except as otherwise provided herein, each Second Priority the Junior Lien Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt FacilityJunior Lien Secured Party, assents to any such extension or postponement of the time of payment of the Senior Lien Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Lien Obligations and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Intercreditor Agreement (AAC Holdings, Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Documents. Except as otherwise provided herein, each Second Priority RepresentativeJunior Agent that becomes a party to this Agreement, on behalf of itself and each Second Priority Debt Junior Secured Party under its Second Priority Debt Facilityrepresented thereby, assents to any such extension or postponement of the time of payment of the Senior Obligations or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations and to the addition or release of any Sany other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Credit Agreement (Norcraft Companies, Inc.)

Application of Payments. Except as otherwise provided herein, all payments received by the Senior Secured Parties may be applied, reversed and reapplied, in whole or in part, to such part of the Senior Obligations Lender Claims as the Senior Secured Parties, in their sole discretion, deem appropriate, consistent with the terms of the Senior Debt Lender Documents. Except as otherwise provided herein, each Second Second-Priority RepresentativeAgent, on behalf of itself and each Second applicable Second-Priority Debt Party under its Second Priority Debt FacilitySecured Party, assents consents to any such extension or postponement of the time of payment of the Senior Obligations Lender Claims or any part thereof and to any other indulgence with respect thereto, to any substitution, exchange or release of any security that may at any time secure any part of the Senior Obligations Lender Claims and to the addition or release of any other Person primarily or secondarily liable therefor.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Petroquest Energy Inc)

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