Common use of Class A-1 Notes Commitment Fees Account Clause in Contracts

Class A-1 Notes Commitment Fees Account. On each Quarterly Calculation Date, the Issuer (or the Manager on its behalf) shall instruct the Trustee in writing on the following Quarterly Payment Date, after giving effect to any allocations set forth in the Priority of Payments on such Quarterly Payment Date, (i) to withdraw the funds allocated to the Class A-1 Notes Commitment Fees Account on each Weekly Allocation Date with respect to the immediately preceding Quarterly Fiscal Period (or, to the extent necessary to pay any Class A-1 Notes Commitment Fees Adjustment Amount, the then-current Quarterly Fiscal Period) to be paid to the applicable Class A-1 Notes, up to the Class A-1 Notes Quarterly Commitment Fees Amounts accrued and unpaid with respect to the applicable Class A-1 Notes, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Account and (ii) if the amount of funds allocated to the Class A-1 Notes Commitment Fees Account referred to in the foregoing subclause (i) with respect to the immediately preceding Quarterly Fiscal Period is less than the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amount for the Interest Accrual Period ending most recently prior to such Quarterly Payment Date, to withdraw an amount equal to such insufficiency (a “Commitment Fees Shortfall”) (to the extent of funds available and pro rata with any Senior Interest Shortfall and any Hedge Payment Shortfall) from first, the Subordinated Notes Post-ARD Contingent Additional Interest Account, second, the Senior Subordinated Notes Post-ARD Contingent Additional Interest Account, third, the Senior Notes Post-ARD Contingent Additional Interest Account, fourth, the Subordinated Notes Principal Payment Account, fifth, the Subordinated Notes Interest Payment Account, sixth, the Senior Subordinated Notes Principal Payment Account, seventh, the Senior Subordinated Notes Interest Payment Account, eighth, the Senior Notes Principal Payment Account and ninth, the Senior Notes Interest Payment Account, to be paid to the Class A-1 Notes, up to the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Accounts. On each Quarterly Payment Date, the funds on deposit in the Senior Notes Interest Reserve Account (or, if the aggregate amount of funds on deposit in the Senior Notes Interest Reserve Account are insufficient for such purpose or are not required to be maintained because of the issuance of an Interest Reserve Letter of Credit, funds available to be drawn under any Interest Reserve Letter of Credit relating to the Senior Notes) shall be applied by the Trustee at the written instruction of the Manager (acting on behalf of the Issuer) to pay, pro rata, any accrued and unpaid Senior Notes Quarterly Interest Amount on the Senior Notes Outstanding and any accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts to the extent that amounts deposited into the applicable Series Distribution Accounts in accordance with the prior sentence are insufficient for such purposes.

Appears in 1 contract

Samples: Wingstop Inc.

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Class A-1 Notes Commitment Fees Account. On each Quarterly Calculation Date, the Issuer Co-Issuers (or the Manager on its their behalf) shall instruct the Trustee in writing on the following Quarterly Payment Date, after giving effect to any allocations set forth in the Priority of Payments on such Quarterly Payment Date, date: (i) to withdraw the funds allocated to the Class A-1 Notes Commitment Fees Account on each Weekly Allocation Date with respect to the immediately preceding Quarterly Fiscal Collection Period (or, to the extent necessary to pay any Class A-1 Notes Commitment Fees Adjustment Amount, the then-current Quarterly Fiscal Period) to be paid to the applicable Class A-1 Notes, up to the Class A-1 Notes Quarterly Commitment Fees Amounts Amount accrued and unpaid with respect to the applicable Class A-1 Notes, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Account and (ii) if the amount of funds allocated to the Class A-1 Notes Commitment Fees Account referred to in the foregoing subclause sub-clause (i) with respect to the immediately preceding Quarterly Fiscal Collection Period is less than the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amount for the Interest Accrual Period ending most recently prior to such Quarterly Payment Date, to withdraw an amount equal to such insufficiency (a “Commitment Fees Shortfall”) (to the extent of funds available and pro rata with any Senior Interest Shortfall and any Hedge Payment Shortfall) from first, the Subordinated Notes Post-ARD Contingent Additional Interest Account, second, the Senior Subordinated Notes Post-ARD Contingent Additional Interest Account, third, the Senior Notes Post-ARD Contingent Additional Interest Account, fourth, the Subordinated Notes Principal Payment Account, fifth, the Subordinated Notes Interest Payment Account, sixth, the Senior Subordinated Notes Principal Payment Account, seventh, the Senior Subordinated Notes Interest Payment Account, Cash Trap Reserve Account and eighth, the Senior Notes Principal Payment Account and ninth, the Senior Notes Interest Payment Account, to be paid to the Class A-1 Notes, up to the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees AmountsAmount, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Accounts. On each Quarterly Payment Date, after the application of funds under the Priority of Payments, the funds on deposit in the Senior Notes Interest Reserve Account (or, if the aggregate amount of funds on deposit in the Senior Notes Interest Reserve Account are insufficient for such purpose or are not required to be maintained because of the issuance of an Interest Reserve Letter of Creditpurpose, funds available to be drawn under any Interest Reserve Letter of Credit relating to the Senior Notes) shall be applied by the Trustee at the written instruction of the Manager (acting on behalf of the IssuerCo-Issuers) to pay, pro rata, any accrued and unpaid Senior Notes Quarterly Interest Amount on the Senior Notes Outstanding and any accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts to the extent that amounts deposited into the applicable Series Distribution Accounts in accordance with the prior sentence are insufficient for such purposes.

Appears in 1 contract

Samples: Base Indenture (DineEquity, Inc)

Class A-1 Notes Commitment Fees Account. On each Quarterly Calculation Date, the Issuer (or the Manager on its behalf) shall instruct the Trustee in writing on the following Quarterly Payment Date, after giving effect to any allocations set forth in the Priority of Payments on such Quarterly Payment Date, (i) to withdraw the funds allocated to the Class A-1 Notes Commitment Fees Account on each Weekly Allocation Date with respect to the immediately preceding Quarterly Fiscal Period (or, to the extent necessary to pay any Class A-1 Notes Commitment Fees Adjustment Amount, the then-current Quarterly Fiscal Period) to be paid to the applicable Class A-1 Notes, up to the Class A-1 Notes Quarterly Commitment Fees Amounts accrued and unpaid with respect to the applicable Class A-1 Notes, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Account and (ii) if the amount of funds allocated to the Class A-1 Notes Commitment Fees Account referred to in the foregoing subclause (i) with respect to the immediately preceding Quarterly Fiscal Period is less than the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amount for the Interest Accrual Period ending most recently prior to such Quarterly Payment Date, to withdraw an amount equal to such insufficiency (a “Commitment Fees Shortfall”) (to the extent of funds available and pro rata with any Senior Interest Shortfall and any Hedge Payment Shortfall) from first, the Subordinated Notes Post-ARD Contingent Additional Interest Account, second, the Senior Subordinated Notes Post-ARD Contingent Additional Interest Account, third, the Senior Notes Post-ARD Contingent Additional Interest Account, fourth, the Subordinated Notes Principal Payment Account, fifth, the Subordinated Notes Interest Payment Account, sixth, the Senior Subordinated Notes Principal Payment Account, seventh, the Senior Subordinated Notes Interest Payment Cash Trap Reserve Account, eighth, the Senior Notes Principal Payment Account Account, and ninth, the Senior Subordinated Notes Interest Payment Account, to be paid to the Class A-1 Notes, up to the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Accounts. On each Quarterly Payment Date, after application of funds pursuant to Section 5.12, the funds on deposit in the Senior Notes Interest Reserve Account Accounts (or, if the aggregate amount of funds on deposit in the Senior Notes Interest Reserve Account Accounts are insufficient for such purpose or are not required to be maintained because of the issuance of an Interest Reserve Letter of Creditpurpose, funds available to be drawn under any Interest Reserve Letter of Credit relating to the Senior NotesNotes issued pursuant to any Class A-1 Note Purchase Agreement for any Series of Class A-1 Notes that may be issued following the Series 2021-1 Closing Date or on and after the 2021 Springing Amendments Implementation Date, by an Eligible Bank in the form of an Eligible Letter of Credit) shall be applied by the Trustee at the written instruction of the Manager (acting on behalf of the Issuer) to paypay the following amounts, pro rata, any according to the amounts then due and payable: (i) the accrued and unpaid Senior Notes Quarterly Interest Amount on each Class of Senior Notes Outstanding to the extent that amounts on deposit in the Senior Notes Outstanding Interest Payment Account are insufficient for such purpose and any (ii) the accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts Amount, if any, to the extent that amounts deposited into on deposit in the applicable Series Distribution Accounts in accordance with the prior sentence Class A-1 Notes Commitment Fees Account are insufficient for such purposespurpose.

Appears in 1 contract

Samples: Yum Brands Inc

Class A-1 Notes Commitment Fees Account. On each Quarterly Calculation Date, the Issuer (or the Manager on its behalf) shall instruct the Trustee in writing on the following Quarterly Payment Date, after giving effect to any allocations set forth in the Priority of Payments on such Quarterly Payment Date, (i) to withdraw the funds allocated to the Class A-1 Notes Commitment Fees Account on each Weekly Allocation Date with respect to the immediately preceding Quarterly Fiscal Period (or, to the extent necessary to pay any Class A-1 Notes Commitment Fees Adjustment Amount, the then-current Quarterly Fiscal Period) to be paid to the applicable Class A-1 Notes, up to the Class A-1 Notes Quarterly Commitment Fees Amounts accrued and unpaid with respect to the applicable Class A-1 Notes, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Account and (ii) if the amount of funds allocated to the Class A-1 Notes Commitment Fees Account referred to in the foregoing subclause (i) with respect to the immediately preceding Quarterly Fiscal Period is less than the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amount for the Interest Accrual Period ending most recently prior to such Quarterly Payment Date, to withdraw an amount equal to such insufficiency (a “Commitment Fees Shortfall”) (to the extent of funds available and pro rata with any Senior Interest Shortfall and any Hedge Payment Shortfall) from first, the Subordinated Notes Post-ARD Contingent Additional Interest Account, second, the Senior Subordinated Notes Post-ARD Contingent Additional Interest Account, third, the Senior Notes Post-ARD Contingent Additional Interest Account, fourth, the Subordinated Notes Principal Payment Account, fifth, the Subordinated Notes Interest Payment Account, sixth, the Senior Subordinated Notes Principal Payment Account, seventh, the Senior Subordinated Notes Interest Payment Cash Trap Reserve Account, eighth, the Senior Notes Principal Payment Account Account, and ninth, the Senior Subordinated Notes Interest Payment Account, to be paid to the Class A-1 Notes, up to the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Accounts. On each Quarterly Payment Date, the funds on deposit in the Senior Notes Interest Reserve Account Accounts (or, if the aggregate amount of funds on deposit in the Senior Notes Interest Reserve Account Accounts are insufficient for such purpose or are not required to be maintained because of the issuance of an Interest Reserve Letter of Creditpurpose, funds available to be drawn under any Interest Reserve Letter of Credit relating to the Senior Notes) shall be applied by the Trustee at the written instruction of the Manager (acting on behalf of the Issuer) to pay, pro rata, any accrued and unpaid Senior Notes Quarterly Interest Amount on the Senior Notes Outstanding and any accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts to the extent that amounts deposited into the applicable Series Distribution Accounts in accordance with the prior sentence are insufficient for such purposes.

Appears in 1 contract

Samples: Base Indenture Definitions List (Yum Brands Inc)

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Class A-1 Notes Commitment Fees Account. On each Quarterly Calculation Date, the Master Issuer (or the Manager on its behalf) shall instruct the Trustee in writing pursuant to the related Quarterly Noteholders’ Report on the following related Quarterly Payment Date, after giving effect to any allocations set forth in the Priority of Payments on such Quarterly Payment Date, (i) to withdraw the funds allocated to the Class A-1 Notes Commitment Fees Account on each Weekly Allocation Date with respect to the immediately preceding Quarterly Fiscal Period (or, to the extent necessary to pay any Class A-1 Notes Commitment Fees Adjustment Amount, the then-current Quarterly Fiscal Period) to be paid to the applicable Class A-1 Notes, up to the Class A-1 Notes Quarterly Commitment Fees Amounts accrued and unpaid with respect to the applicable Class A-1 Notes, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Account and (ii) if the amount of funds allocated to the Class A-1 Notes Commitment Fees Account referred to in the foregoing subclause (i) with respect to the immediately preceding Quarterly Fiscal Period is less than the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amount for the Interest Accrual Period ending most recently prior to such Quarterly Payment Date, to withdraw an amount equal to such insufficiency (a “Commitment Fees Shortfall”) (to the extent of funds available and pro rata with any Senior Interest Shortfall and any Hedge Payment Shortfall) from first, the Subordinated Notes Post-ARD Contingent Additional Interest Account, second, the Senior Subordinated Notes Post-ARD Contingent Additional Interest Account, third, the Senior Notes Post-ARD Contingent Additional Interest Account, fourth, the Subordinated Notes Principal Payment Account, fifth, the Subordinated Notes Interest Payment Account, sixth, the Senior Subordinated Notes Principal Payment Account, seventh, the Senior Subordinated Notes Interest Payment Cash Trap Reserve Account, eighth, the Senior Notes Principal Payment Account Account, and ninth, the Senior Subordinated Notes Interest Payment Account, to be paid to the Class A-1 Notes, up to the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Accounts. On each Quarterly Payment Date, the funds on deposit in the Senior Notes Interest Reserve Account (or, if the aggregate amount of funds on deposit in the Senior Notes Interest Reserve Account are insufficient for such purpose or are not required to be maintained because of the issuance of an Interest Reserve Letter of Creditpurpose, funds available to be drawn under any Interest Reserve Letter of Credit relating to the Senior Notes) shall be applied by the Trustee at the written instruction of the Manager (acting on behalf of the Master Issuer) to pay, pro rata, any accrued and unpaid Senior Notes Quarterly Interest Amount on the Senior Notes Outstanding and any accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts to the extent that amounts deposited into the applicable Series Distribution Accounts in accordance with the prior sentence are insufficient for such purposes.

Appears in 1 contract

Samples: Indenture (Jay Merger Sub, Inc.)

Class A-1 Notes Commitment Fees Account. On each Quarterly Calculation Date, the Issuer (or the Manager on its behalf) shall instruct the Trustee in writing on the following Quarterly Payment Date, after giving effect to any allocations set forth in the Priority of Payments on such Quarterly Payment Datedate, (i) to withdraw the funds allocated to the Class A-1 Notes Commitment Fees Account on each Weekly Allocation Date with respect to the immediately preceding Quarterly Fiscal Period (or, to the extent necessary to pay any Class A-1 Notes Commitment Fees Adjustment Amount, the then-current Quarterly Fiscal Period) to be paid to the applicable Class A-1 Notes, up to the Class A-1 Notes Quarterly Commitment Fees Amounts Amount accrued and unpaid with respect to the applicable Class A-1 Notes, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Account and (ii) if the amount of funds allocated to the Class A-1 Notes Commitment Fees Account referred to in the foregoing subclause sub-clause (i) with respect to the immediately preceding Quarterly Fiscal Period is less than the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amount for the Interest Accrual Period ending most recently prior to such Quarterly Payment Date, to withdraw an amount equal to such insufficiency (a “Commitment Fees Shortfall”) (to the extent of funds available and pro rata with any Senior Interest Shortfall and any Hedge Payment Shortfall) from first, the Subordinated Notes Post-ARD Contingent Additional Interest Account, second, the Senior Subordinated Notes Post-ARD Contingent Additional Interest Account, third, the Senior Notes Post-ARD Contingent Additional Interest Account, fourth, the Subordinated Notes Principal Payment Account, fifth, the Subordinated Notes Interest Payment Account, sixth, the Senior Subordinated Notes Principal Payment Account, seventh, the Cash Trap Reserve Account, eighth, the Senior Subordinated Notes Interest Payment Account, eighth, ninth the Senior Notes Principal Payment Account Account, and ninth, tenth the Senior Notes Interest Payment Account, to be paid to the Class A-1 Notes, up to the aggregate accrued and unpaid Class A-1 Notes Quarterly Commitment Fees AmountsAmount, pro rata among each Series of Class A-1 Notes based upon the Class A-1 Notes Quarterly Commitment Fees Amount payable with respect to each such Series, and deposit such funds into the applicable Series Distribution Accounts. On each Quarterly Payment Date, the funds on deposit in the Senior Notes Interest Reserve Account (or, if the aggregate amount of funds on deposit in the Senior Notes Interest Reserve Account are insufficient for such purpose or are not required to be maintained because of the issuance of an Interest Reserve Letter of Creditpurpose, funds available to be drawn under any Interest Reserve Letter of Credit relating to the Senior Notes) shall be applied by the Trustee at the written instruction of the Manager (acting on behalf of the Issuer) to pay, pro rata, any accrued and unpaid Senior Notes Quarterly Interest Amount on the Senior Notes Outstanding and any accrued and unpaid Class A-1 Notes Quarterly Commitment Fees Amounts to the extent that amounts deposited into the applicable Series Distribution Accounts in accordance with the prior sentence are insufficient for such purposes.

Appears in 1 contract

Samples: Driven Brands Holdings Inc.

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