Common use of Apportionment, Application and Reversal of Payments Clause in Contracts

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest of specific Advances, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by Agent, shall be applied, first, to pay any fees, or expense reimbursements then due to Agent from Borrower; second, to pay any fees or expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances (including Foothill Loans and Agent Advances); fourth, to pay or prepay principal of Foothill Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Foothill Loans and Agent Advances); and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower.

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the Lenders, aggregate principal Principal and interest payments shall be apportioned ratably among the applicable Lenders (according to the unpaid principal balance of the Advances Term Loans to which such payments relate held by each applicable Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the applicable Lenders, except for fees payable solely to the Administrative Agent. All payments shall be remitted to the Administrative Agent (except as expressly provided herein otherwise) and all such payments not relating to principal or interest of specific AdvancesTerm Loans, or not constituting payment of specific feesfees or expenses, and and, subject to the terms of the Senior Lenders Intercreditor Agreement, all proceeds of Accounts or other Collateral received by the Administrative Agent, shall be applied, ratably, subject to the provisions of this Agreement (including, without limitation, Section 3.3(d)), first, to pay any fees, indemnities or expense reimbursements then due to Agent from Borrowerthe Administrative Agent; second, to pay any fees or expense reimbursements then due to the Lenders from Borrowerany of the Borrowers; third, to pay interest then due in respect of all Advances (including Foothill Loans and Agent Advances)the Term Loans; fourth, to pay or prepay principal of Foothill Loans owing on the Term Loans; and Agent Advances; fifth, ratably to pay principal of the Advances (other than Foothill Loans and Agent Advances); and sixth, ratably to pay or prepay any other Obligations due owing to Agent or any Lender by Borrowerthe Lenders.

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the Lenders, aggregate principal Principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances Loans held by each Lender and to which such payments relate held by each Lenderrelate) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders, except for fees payable solely to the Agent and the Letter of Credit Issuer. All payments shall be remitted to the Agent and all such payments not relating to principal or interest of specific AdvancesLoans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by the Agent, shall be applied, firstratably, subject to the provisions of this Agreement, FIRST, to pay any fees, indemnities or expense reimbursements then due to the Agent from Borrowerthe Borrowers; secondSECOND, to pay any fees or expense reimbursements then due to the Lenders from Borrowerthe Borrowers; thirdTHIRD, to pay interest due in respect of all Advances (Loans, including Foothill Non-Ratable Loans and Agent Advances); fourthFOURTH, to pay or prepay principal of Foothill the Non-Ratable Loans and Agent Advances; fifthFIFTH, ratably pro rata, to pay or prepay principal of the Advances Revolving Loans (other than Foothill Non-Ratable Loans and Agent Advances); ) and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower.unpaid reimbursement obligations in respect of Letters

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the defaulting Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest of specific AdvancesAdvances or loans, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by Agent, shall be applied, first, applied as in the following order: (i) to pay any fees, or expense reimbursements then due to Agent from Borrower; second, (ii) to pay any fees or expense reimbursements then due to the Lenders from Borrower; third, (iii) to pay interest due in respect of all Advances outstanding Advances; (including Foothill Loans and Agent Advances); fourth, iv) to pay or prepay principal fees, charges, commission, and costs in respect of Foothill Loans and Agent Advancesall outstanding Letters of Credit; fifth, (v) ratably to pay principal of the Advances (other than Foothill Loans and Agent all outstanding Advances); and sixth, ratably to pay any other Obligations due to Agent or any Lender by Borrower.;

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest of specific Advances, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by Agent, shall be applied, first, to pay any fees, or expense reimbursements then due to Agent from Borrower; second, to pay any fees or expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances (including Foothill Loans and Agent Advances); fourth, to pay or prepay principal of Foothill Loans and Agent Advances; fifth, ratably to pay principal of the Advances (other than Foothill Loans and Agent Advances); sixth, to be held by Agent as cash collateral in accordance with Section 2.2(e) hereof with respect to unreimbursed obligations in respect of Letters of Credit; and sixthseventh, ratably to pay any other Obligations due to Agent or any Lender by Borrower.

Apportionment, Application and Reversal of Payments. Except as otherwise provided with respect to Defaulting Lenders and except as may otherwise be agreed among the Lenders, aggregate principal and interest payments shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Advances to which such payments relate held by each Lender) and payments of the fees (other than fees designated for Agent's sole and separate account) shall, as applicable, be apportioned ratably among the Lenders. All payments shall be remitted to Agent and all such payments not relating to principal or interest of specific Advances, or not constituting payment of specific fees, and all proceeds of Accounts or other Collateral received by Agent, shall be applied, first, to pay ----- any fees, or expense reimbursements then due to Agent from Borrower; second, to ------ pay any fees or expense reimbursements then due to the Lenders from Borrower; third, to pay interest due in respect of all Advances (including Foothill Loans ----- and Agent Advances); fourth, to pay or prepay principal of Foothill Loans and ------ Agent Advances; fifth, ratably to pay principal of the Advances (other than ----- Foothill Loans and Agent Advances); sixth, to be held by Agent as cash ----- collateral in accordance with Section 2.2(e) hereof with respect to unreimbursed obligations in respect -------------- of Letters of Credit; and sixthseventh, ratably to pay any other Obligations due to Agent or any Lender by Borrower.