Apportionment, Application and Reversal of Payments. Principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Loans to which such payments relate held by each Lender), and payments of the fees, except for fees payable solely to Agent and the Letter of Credit Issuer shall be apportioned among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, as follows: first, to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from Borrowers under this Agreement and any other Loan Document; second, to pay any fees, ------ indemnities, or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from Borrowers under this Agreement and any other Loan Document; third, to pay interest due from Borrowers in ----- respect of all Revolving Loans, including Non-Ratable Loans and Agent Advances;
Appears in 1 contract
Sources: Credit Agreement (Mail Well Inc)
Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans to which such payments relate held by each Lender), ) and payments of the feesfees (other than fees designated for the Agent's sole and separate account) shall, except for fees payable solely to Agent and the Letter of Credit Issuer shall as applicable, be apportioned ratably among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans or Swing Line Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, applied as follows: first, in the following order:
(i) to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from Borrowers under this Agreement and any other Loan Document; second, the Borrower;
(ii) to pay any fees, ------ indemnities, fees or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from Borrowers under this Agreement and any other Loan Document; third, the Borrower;
(iii) ratably to pay interest due from Borrowers in ----- respect of all outstanding Revolving Loans, including Non-Ratable Loans and Swing Line Loans;
(iv) ratably to pay principal of all outstanding Revolving Loans and Swing Line Loans;
(v) ratably to pay any other obligations due to the Agent Advances;or any Lender by the Borrower.
Appears in 1 contract
Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Loans Advances to which such payments relate held by each Lender), ) and payments of the feesfees (other than fees designated for Agent's sole and separate account) shall, except for fees payable solely to Agent and the Letter of Credit Issuer shall as applicable, be apportioned ratably among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific LoansAdvances or loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, applied as follows: first, in the following order:
(i) to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from Borrowers under this Agreement and any other Loan Document; second, Borrower;
(ii) to pay any fees, ------ indemnities, fees or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from Borrowers under this Agreement and any other Loan Document; third, Borrower;
(iii) to pay interest due from Borrowers in ----- respect of all Revolving outstanding Loans, including Non-Ratable Loans and ;
(iv) ratably to pay principal of all outstanding Loans; and
(v) ratably to pay any other Obligations due to Agent Advances;or any Lender by Borrower.
Appears in 1 contract
Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to Defaulting Lenders, principal and interest payments shall and payments of fees (other than fees designated for the Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders (according to the unpaid principal balance of the Loans Obligations to which such payments relate held by each individual Lender), and payments of the fees, except for fees payable solely to Agent and the Letter of Credit Issuer shall be apportioned among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Loans, Obligations or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, applied as follows: first, in the following order:
(i) to pay any fees, indemnities fees or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from Borrowers under this Agreement and any other Loan Document; second, the Borrower;
(ii) to pay any fees, ------ indemnities, fees or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from Borrowers under this Agreement and any other Loan Document; third, the Borrower;
(iii) to pay interest due from Borrowers in ----- respect of all Revolving Loans, including Non-Ratable Loans and Agent outstanding Advances;
(iv) ratably to pay principal of all outstanding Advances, such payment to be made, first, to the outstanding Base Rate Advances and, second, to the outstanding LIBOR Rate Advances (in the order of their maturity); and
(v) ratably to pay any other Obligations due to the Agent or any Lender by the Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Corrections Corp of America/Md)
Apportionment, Application and Reversal of Payments. Principal (i) Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (including agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Loans Obligations to which such payments relate held by each Lender), ) and payments of the feesfees and expenses (other than fees or expenses that are for Agent’s separate account, except for fees payable solely after giving effect to Agent and the Letter of Credit Issuer shall be apportioned among Lenders on the Initial Funding Date as may be provided in the separate fee letters any agreements between Agent and individual Lenders) shall be apportioned ratably among the Lenders having a Pro Rata Share of the type of Commitment or Obligation to which a particular fee relates. All payments shall be remitted to the Agent and all such payments not relating (other than payments received while no Default or Event of Default has occurred and is continuing and which relate to the payment of principal or interest of specific Loans, Obligations or not constituting which relate to the payment of specific fees), and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, applied as follows: :
A. first, to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) Lender Group Expenses then due to Agent under the Agent from Borrowers under this Agreement and any other Loan Document; Documents, until paid in full, B. second, to pay any fees, ------ indemnities, or expense reimbursements (excluding any amount relating to Bank Products) Lender Group Expenses then due to the Lenders from Borrowers under this Agreement and any other the Loan Document; Documents, on a ratable basis, until paid in full, C. third, to pay interest any fees then due from Borrowers to Agent under the Loan Documents until paid in ----- respect of all Revolving Loans, including Non-Ratable Loans and Agent Advances;full,
Appears in 1 contract
Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans to which such payments relate held by each Lender), ) and payments of the feesfees (other than fees designated for the Agent's sole and separate account) shall, except for fees payable solely to Agent and the Letter of Credit Issuer shall as applicable, be apportioned ratably among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, applied as follows: first, in the following order:
(i) to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from Borrowers under this Agreement and any other Loan Document; second, the Borrower;
(ii) to pay any fees, ------ indemnities, fees or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from Borrowers under this Agreement and any other Loan Document; third, the Borrower;
(iii) to pay interest due from Borrowers in ----- respect of all outstanding Revolving Loans, including Non-Ratable Loans and ;
(iv) ratably to pay principal of all outstanding Revolving Loans;
(v) ratably to pay any other obligations due to the Agent Advances;or any Lender by the Borrower.
Appears in 1 contract
Apportionment, Application and Reversal of Payments. Principal (i) Except as otherwise provided with respect to Defaulting Lenders and except as otherwise provided in the Loan Documents (and letter agreements between Agent and individual Lenders), aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Loans Obligations to which such payments relate held by each Lender), and payments of the fees, except for fees payable solely after giving effect to Agent and the Letter of Credit Issuer shall be apportioned among Lenders on the Initial Funding Date as may be provided in the separate fee letters any letter agreements between Agent and individual Lenders) and payments of fees and expenses (other than fees or expenses that are for Agent’s separate account), shall be apportioned ratably among the Lenders having a Pro Rata Share of the type of Commitment or Obligation to which a particular fee relates. All payments shall be remitted to the Agent and all such payments not relating (other than payments received while no Default or Event of Default has occurred and is continuing and which relate to the payment of principal or interest of specific Loans, Obligations or not constituting which relate to the payment of specific fees), and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, Agent shall be applied, ratably, applied as follows: :
(A) first, to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) Lender Group Expenses then due to Agent under the Agent from Borrowers under this Agreement and any other Loan Document; Documents, until paid in full,
(B) second, to pay any fees, ------ indemnities, or expense reimbursements (excluding any amount relating to Bank Products) Lender Group Expenses then due to the Lenders from Borrowers under this Agreement and any other the Loan Document; thirdDocuments, to pay interest due from Borrowers on a ratable basis, until paid in ----- respect of all Revolving Loans, including Non-Ratable Loans and Agent Advances;full,
Appears in 1 contract
Sources: Loan and Security Agreement (Peninsula Gaming, LLC)
Apportionment, Application and Reversal of Payments. Principal Except as otherwise provided with respect to defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Revolving Loans to which such payments relate held by each Lender), ) and payments of the feesfees (other than fees designated for the Agent's sole and separate account) shall, except for fees payable solely to Agent and the Letter of Credit Issuer shall as applicable, be apportioned ratably among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Revolving Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, applied as follows: first, in the following order:
(i) to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from Borrowers under this Agreement and any other Loan Document; second, the Borrower;
(ii) to pay any fees, ------ indemnities, fees or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from Borrowers under this Agreement and any other Loan Document; third, the Borrower;
(iii) ratably to pay interest due from Borrowers in ----- respect of all outstanding Revolving Loans, including Non-Ratable Loans and ;
(iv) ratably to pay principal of all outstanding Revolving Loans;
(v) ratably to pay any Obligations due to any Lender by Borrower under any Hedging Agreement.
(vi) ratably to pay any other Obligations due to the Agent Advances;or any Lender by the Borrower.
Appears in 1 contract
Sources: Credit and Security Agreement (Emergent Information Technologies Inc)
Apportionment, Application and Reversal of Payments. Principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Loans to which such payments relate held by each Lender), ) and payments of the feesfees shall, except for fees payable solely to Agent and the Letter of Credit Issuer shall as applicable, be apportioned ratably among Lenders on the Initial Funding Date as may be provided in the separate fee letters between Agent and individual Lenders. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific Loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, and all payments received after the occurrence and during the continuance of an Event of Default, shall be applied, ratably, as follows: subject to the provisions of this Agreement, first, to pay any fees, indemnities or expense reimbursements (excluding any ----- amounts relating to Bank Products) then due to the Agent from Borrowers under this Agreement and any other Loan Documentthe Borrower; second, to pay any fees, ------ indemnities, fees or expense reimbursements (excluding any amount relating to Bank Products) then due to the Lenders from Borrowers under this Agreement and any other Loan Documentthe Borrower; third, to pay interest due from Borrowers in ----- respect of all Revolving Loans, including Non-Ratable Loans and Protective Advances; fourth, to pay or prepay principal of the Non-Ratable Loans and Protective Advances; fifth, to pay or prepay principal of the Revolving Loans (other than Non-Ratable Loans and Protective Advances) and sixth, to the payment of any other Obligation including any amounts relating to Bank Products due to the Agent Advances;or any Lender or any of their Affiliates by the
Appears in 1 contract