During the Amortization Period. On each Payment Date during the Amortization Period, the Servicer on behalf of the Borrower shall pay to the following Persons pursuant to the Monthly Report, to the extent of Available Funds, from the Collection Account and, to the extent of Available Funds, as applicable, from the Reserve Account, the following amounts in the following order of priority:
(i) First, pro rata to each Hedge Counterparty, any amounts, including any Hedge Breakage Costs and any payments due in respect of the termination of any Hedge Transactions owing to that Hedge Counterparty under its respective Hedging Agreement in respect of any Hedge Transaction(s), for the payment thereof; provided that the amount of Hedge Breakage Costs payable under this clause First shall not exceed $250,000 in the aggregate;
(ii) Second, to the Servicer, to the extent of Collections received with respect to the specific Loans and Obligors for which such Servicer Advances were made, in an amount equal to any Unreimbursed Servicer Advances on such Loans, for the payment thereof;
(iii) Third, to the Backup Servicer, in amount equal to any accrued and unpaid currently due Backup Servicer Fee, all unpaid Backup Servicer Fees due from a prior Payment Date, any unpaid Backup Servicer Expenses and amounts due to the Backup Servicer as an Indemnified Party, and any Transition Costs, for the payment thereof; provided that the amount of Transition Costs payable under this clause Third shall not exceed $100,000 in the aggregate with respect to such Payment Date;
(iv) Fourth, to the Trustee in an amount equal to any accrued and unpaid currently due Trustee Fee, all unpaid Trustee Fees due from a prior Payment Date, all unpaid Trustee Expenses, and any other amounts due to the Trustee as an Indemnified Party, for the payment thereof;
(v) Fifth, to the Servicer, in an amount equal to its accrued and unpaid Servicing Fees and, to any Successor Servicer, Market Servicing Fee Differential to the end of the preceding Collection Period, for the payment thereof; provided that the amount of Market Servicing Fee Differential payable in any 12-month period under this clause Third shall not exceed 1.0% of the Aggregate Outstanding Loan Balance;
(vi) Sixth, pro rata to each Lender, in an amount equal to any accrued and unpaid Interest and Breakage Costs, for the payment thereof;
(vii) Seventh, pro rata to each Lender, in an amount equal to any accrued and unpaid Program Fee and Facility Fee, for the payment thereof;
(viii) ...
During the Amortization Period. By the end of business, New York time, on each Business Day during the Amortization Period, the Collateral Agent shall make, to the extent of available funds, the following transfers, based solely on the Daily Report covering the Applicable Day, according to the following priorities, satisfying, to the extent required, each priority before making a transfer to any succeeding priority:
(i) The Collateral Agent shall transfer to the Expenses Subaccount all amounts deposited into the Collateral Account on or prior to such Business Day (and not previously allocated pursuant to clauses (i), (ii) or (iii) of this subparagraph (b)) until such transfers, on an aggregate month-to-date basis, equal the sum of (A) the Monthly Expense Amount for the current Settlement Period and (B) to the extent that the costs and expenses of the Successor Servicer exceed the Monthly Servicing Fee Amounts, any reasonable expenses per distribution that are incurred by the Successor Servicer relating to printing and distributing lists of the Restaurants after a Servicer Termination Event up to the lesser of $50,000 or fifty percent of the aggregate principal amount of the Notes outstanding;
(ii) The Collateral Agent shall transfer all amounts deposited into the Collateral Account on or prior to such Business Day (and not previously allocated pursuant to Clauses (i), (ii) or (iii) of this subparagraph (b)) in the following order of priority: FIRST, to the Interest Subaccount until such transfers, on an aggregate month-to-date basis, equal the Monthly Interest Amount for the current Settlement Period, plus any unpaid Interest Shortfall; and SECOND, to the Principal Subaccount until the amount in such account is sufficient to pay the outstanding principal on the Notes in full;
(iii) Any amount in the Collateral Account on such Business Day and not otherwise allocated pursuant to this Section 7(b) shall be held in the Collateral Account until applied pursuant to Section 8(b).
During the Amortization Period. On each Payment Date during the Amortization Period, the Servicer on behalf of the Borrower shall pay to the following Persons pursuant to the Monthly Report, from the Collection Account, the following amounts in the following order of priority:
(i) First, pro rata to each Hedge Counterparty, any amounts, including any Hedge Breakage Costs, owing that Hedge Counterparty under its respective Hedging Agreement in respect of any Hedge Transaction(s), for the payment thereof;
(ii) Second, to the Servicer (so long as the Servicer is not American Capital or an Affiliate of American Capital), in an amount equal to its accrued and unpaid Servicing Fees to the end of the preceding Collection Period, for the payment thereof;
(iii) Third, to the extent not paid by the Servicer, to the Backup Servicer, in amount equal to any accrued and unpaid currently due Backup Servicing Fee and Transition Costs, for the payment thereof;
(iv) Fourth, to the extent not paid by the Servicer, to the Collateral Custodian in an amount equal to any accrued and unpaid currently due Collateral Custodian Fee, for the payment thereof;
(v) Fifth, to the Administrative Agent and the Swing Line Lender, pro rata in accordance with the amount of Advances Outstanding and Swing Line Advances outstanding hereunder, in an amount equal to any accrued and unpaid interest and Breakage Costs, for the payment thereof;
(vi) Sixth, to the Administrative Agent in an amount equal to any accrued and unpaid Unutilized Fee, for the payment thereof;
(vii) Seventh, to the Administrative Agent, for the account of the applicable Affected Party, pro rata in accordance with the amount owed to such Person under this clause Seventh, in an amount equal to any unpaid amounts under Article XII, for the payment thereof;
(viii) Eighth, to the Administrative Agent and the Swing Line Lender, pro rata in accordance with the amount of Advances Outstanding, for the account of the applicable Bank, in an amount necessary to reduce the Advances Outstanding, Swing Line Advances outstanding and Obligations to zero, for the payment thereof;
(ix) Ninth, to the Administrative Agent, the Swing Line Lender, the Banks, the Affected Parties and the Indemnified Parties, pro rata in accordance with the amount owed to such Person under this clause Ninth, all other amounts (other than Advances Outstanding and Swing Line Advances outstanding) then due under this Agreement, for the payment thereof;
(x) Tenth, to the extent not paid by the Servicer...
During the Amortization Period. (i) The Note Margin applicable to the Advances, or portions thereof, comprising in the aggregate up to $300,000,000 of the Aggregate Outstanding Principal Balance shall be as set forth in clause (a)(i)(A) of this definition for the initial year of the Amortization Period and thereafter shall be as follows: 1.45 % 1.25 % 1.15 %
(ii) At any time during the Amortization Period, the Note Margin applicable to Advances or portions thereof, comprising in the aggregate the portion of the Aggregate Outstanding Principal Balance in excess of $300,000,000 shall be as follows: 1.70 % 1.50 % 1.40 %
