Common use of Partial payments Clause in Contracts

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 7 contracts

Sources: Credit Facility Agreement (Valentia Telecommunications), Multicurrency Credit Facilities Agreement (Alfa Laval Special Finance Ab), Credit Facilities Agreement (Liberty Global, Inc.)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 4 contracts

Sources: Credit Facility Agreement (International Paper Co /New/), Loan Facility Agreement (Evraz Group S.A.), Credit Facility Agreement (Royal Ahold)

Partial payments. (a) If any Administrative Party the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 4 contracts

Sources: Facility Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Senior Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Senior Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Senior Finance Documents; (ii) secondlysecond, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreementthe Senior Finance Documents; (iii) thirdlythird, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyfourth, in or towards payment pro rata of any other sum due but unpaid under the Senior Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 3 contracts

Sources: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility Agreement (JSG Funding PLC), Senior Credit Facility (Smurfit Kappa Acquisitions)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Bridge Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Bridge Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Bridge Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Bridge Finance Documents. (b) The Facility Agent Trustee must, if so directed by all of the LendersBridge Noteholders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 3 contracts

Sources: Loan Note Facility (Babylon Holdings LTD), Loan Agreement (Babylon Holdings LTD), Loan Agreement (Babylon Holdings LTD)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee (including fronting fees and guarantee fees) due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any other principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Clause 17.7 will override any appropriation made by an Obligor.

Appears in 3 contracts

Sources: Finance Agreement, Credit Facilities Agreement (Imperial Tobacco Group PLC), Subordinated Equity Bridge Credit Facilities (Imperial Tobacco Group PLC)

Partial payments. (a) If any Administrative Party the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors an Obligor under the Finance Documents, the Administrative Party Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 3 contracts

Sources: Credit Agreement, Credit Agreement (Eros International PLC), Credit Facility Agreement (Eros International PLC)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the LendersLenders under the relevant Facility, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Appears in 3 contracts

Sources: Syndicated Facilities Agreement (Bayer Aktiengesellschaft), Bridge Facilities Agreement (Bayer Aktiengesellschaft), Syndicated Facilities Agreement (Bayer Aktiengesellschaft)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 3 contracts

Sources: Credit Facility (Tele2 Ab), Credit Facility (Tele2 Ab), Credit Facility (Mittal Steel Co N.V.)

Partial payments. (a) If any Administrative Party the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 3 contracts

Sources: Credit Facility Agreement (Schlumberger LTD /Ny/), Credit Facility Agreement (Schlumberger LTD /Ny/), Credit Facility Agreement (Smith & Nephew PLC)

Partial payments. (a) If any Administrative Party the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 2 contracts

Sources: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 2 contracts

Sources: Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)

Partial payments. (a) If any Administrative Finance Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Finance Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Finance Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 2 contracts

Sources: Facilities Agreement (Preem Holdings Ab Publ), Bridge Facility Agreement (Preem Holdings Ab Publ)

Partial payments. (a) If any Administrative Party the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-sub paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 2 contracts

Sources: Loan Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) aboveof this Clause 15.7. (c) This Subclause Sub-clause will override any appropriation made by an Obligorthe Company.

Appears in 2 contracts

Sources: Multicurrency Revolving Credit Facility (United States Steel Corp), Credit Facility Agreement (United States Steel Corp)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Each Facility Agent must, if so directed by all the relevant Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Appears in 1 contract

Sources: Facility Agreement (Pencil Acquisition Corp.)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Borrower under the Finance Documents, the Administrative Party must shall apply that payment towards the obligations of the Obligors Borrower under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent mustshall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Metro International Sa)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties and the Issuing Bank under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this AgreementAgreement and any amount due but unpaid under Clauses 5B.3 (Claims under a Letter of Credit) and 5C (Indemnities); and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Bridge Facility Agreement (Mittal Steel Co N.V.)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Borrower under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Borrower under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Borrower.

Appears in 1 contract

Sources: Credit Facility Agreement (PPL Corp)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Appears in 1 contract

Sources: Credit Facility Agreement (PPL Corp)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Appears in 1 contract

Sources: Credit Facility Agreement (Oce N V)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties and/or the Security Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Credit Facility Agreement (Valentia Telecommunications)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Appears in 1 contract

Sources: Credit Facility Agreement (PPL Corp)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Credit Agreement (Galen Holdings PLC)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents;; 0040772-0000066 BT:1030359.12 35 (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) aboveof this Clause 15.7. (c) This Subclause Sub-clause will override any appropriation made by an Obligorthe Company.

Appears in 1 contract

Sources: Multicurrency Revolving Credit Facility (United States Steel Corp)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Borrowers under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Borrower under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorany Borrower.

Appears in 1 contract

Sources: Credit Facilities Agreement

Partial payments. (a) If Subject to Subclause 7.3 (Partial payments) in respect of the Swingline Facility, if any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Credit Facilities Agreement (Royal Ahold)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors an Obligor under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors that Obligor under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this AgreementAgreement by that Obligor; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this AgreementAgreement by that Obligor; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance DocumentsDocuments by that Obligor. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Clause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Multicurrency Revolving Credit and Guarantee Facility (Rhodia)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the that Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Term and Revolving Credit Facility Agreement (Kellwood Co)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee (including fronting fees and guarantee fees) due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any other principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Clause 20.7 will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Credit Facilities (Imperial Tobacco Group PLC)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Borrowers under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Borrowers under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligora Borrower.

Appears in 1 contract

Sources: Credit Facility (Vivendi Universal)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company or the Parent under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company or the Parent under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company or the Parent.

Appears in 1 contract

Sources: Credit Facility Agreement (EnerSys)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must shall apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent mustshall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Credit Agreement (Adecco Sa)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties and the Issuing Bank under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this AgreementAgreement and any amount due but unpaid under Clauses 5B.3 (Claims under a Letter of Credit) and 5C (Indemnities); and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Appears in 1 contract

Sources: Facilities Agreement (Mittal Steel Co N.V.)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Facility Agent, and then any other Administrative Parties Party under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Appears in 1 contract

Sources: Facility Agreement (United States Steel Corp)

Partial payments. (a) If any Administrative Party receives a payment insufficient to discharge all the amounts then due and payable by the Obligors Company under the Finance Documents, the Administrative Party must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the LendersLenders under the Facility, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Appears in 1 contract

Sources: Bridge Facilities Agreement (Bayer Aktiengesellschaft)