Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order: (i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent and the U.S. Swingline Agent under this Agreement; (ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees); (iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement; (iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and (v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement. (b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation. (c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligor.
Appears in 4 contracts
Sources: 3 Year Facility Agreement (Vodafone Group Public LTD Co), Facility Agreement (Vodafone Group Public LTD Co), Revolving Credit Facility (Vodafone Group Public LTD Co)
Partial payments. Subject to the provisions of the Intercreditor Agreement:
(a) If the Agent or, as the case may be, the U.S. Swingline Administrative Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Administrative Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Administrative Agent and the U.S. Swingline Security Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Administrative Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersMajority Participating Creditors, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent orabove (but not, as for the case may beavoidance of doubt, the U.S. Swingline Agent, shall notify Vodafone pro rata allocation of payments falling within any such variationparagraph).
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 3 contracts
Sources: Financing Agreement, Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent Agent, the Issuing Bank and the U.S. Swingline Security Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents and any amount due but unpaid under Clause 7.2 (Claims under a Letter of Credit) and Clause 7.3 (Indemnities); and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 3 contracts
Sources: Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.), Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Security Agent under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid demand made by the Fronting Bank in respect of a payment made or to be made by it under Clause 20 (Fees)a Letter of Credit;
(iii) thirdly, in or towards payment pro rata of any interest accrued interest, commission or Fronting Bank Fee due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal Outstandings due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 2 contracts
Sources: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International Inc)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor a Borrower under this Agreement, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors that Borrower under this Agreement in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costs, fees costs and reasonable expenses of the Agent and the U.S. Swingline Agent under this Agreement;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued fees due but unpaid by that Borrower under Clause 20 20.2 (FeesCommitment fee);
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any accrued interest due but unpaid by that Borrower under this Agreement;
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any principal due but unpaid by that Borrower under this Agreement; and
(v) fifthlyFIFTHLY, in or towards payment pro rata of any other sum due but unpaid by that Borrower under this Agreement.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligora Borrower.
Appears in 2 contracts
Sources: Revolving Credit Facility (S Acquisition Corp), Revolving Credit Facility (WDR Acquisition Corp)
Partial payments. (a) If Subject to the Agent orprovisions of the Intercreditor Agreement, as if the case may be, the U.S. Swingline Facility Agent receives a payment for application against amounts due in respect of any Finance Documents from a Transaction Obligor that is insufficient to discharge all the amounts then due and payable by an that Transaction Obligor and/or (if different) the Borrower under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of that Transaction Obligor and/or (if different) the Obligors Borrower under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of amount owing to the Facility Agent and and/or the U.S. Swingline Security Agent under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)the Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;the Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, shall if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (va)(iv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any Transaction Obligor.
Appears in 2 contracts
Sources: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (WuXi PharmaTech (Cayman) Inc.)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Borrowers under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors Borrowers under this Agreement the Finance Documents in the following order:order:-
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Agent Issuing Bank under this Agreement;
; (ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 22.2 (FeesCommitment fee);
; (iii) thirdly, in or towards payment pro rata of any accrued interest and guarantee fee due but unpaid under this Agreement;
; (iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement and any amount payable under the Swap Documents; and
and (v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligora Borrower.
Appears in 2 contracts
Sources: Credit Facility Agreement (Entergy London Capital Lp), Credit Facility Agreement (System Energy Resources Inc)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Security Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid fees, costs and expenses of the Agent under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreementthose Finance Documents; and
(v) fifthlyfifth, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(iia)(iii) to (va)(v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
Partial payments. (a) If Subject to the Agent orSecurity Deed, as if the case may be, the U.S. Swingline Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent and the U.S. Swingline Facility Agent under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees (other than any commitment fees payable under Clause 20.1 (Commitment fee)) due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment to the Lenders pro rata of any accrued interest and commitment fees due but unpaid under this Agreement;
(iv) fourthly, in or towards payment to the Lenders pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as Subject to the case may beSecurity Deed, the U.S. Swingline Agent, Facility Agent shall, if so directed by all of the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone UPC Distribution of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligor.
Appears in 2 contracts
Sources: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Security Agent under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid demand made by the Fronting Bank in respect of a payment made or to be made by it under Clause 20 (Fees)a Letter of Credit;
(iii) thirdly, in or towards payment pro rata of any interest accrued interest, commission or Fronting Bank Fee due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal Outstandings due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 2 contracts
Sources: Facility Agreement (Nl Industries Inc), Second Amendment Agreement (Kronos International Inc)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under this Agreementthe Facility Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors Borrower under this Agreement the Facility Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and Agent, the U.S. Swingline Agent Issuing Bank or the Arranger under this Agreementthe Facility Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement including any amount due but unpaid under Clauses 5B.3 (Claims under a Letter of Credit) and 5B.4 (Indemnities); and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Facility Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any Obligorthe Borrower.
Appears in 1 contract
Sources: Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)
Partial payments. (a) If the Agent or, as the case may be, the U.S. a Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. that Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent, the U.S. Swingline Agent and the U.S. euro Swingline Agent under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. a Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs subparagraphs (a)(iiii) to (v) above. The Agent or, as the case may be, the U.S. relevant Swingline Agent, shall notify Vodafone the Borrowers' Agent of any such variation.
(c) Paragraphs (a) and (b) above of this Clause 9.7 (Partial payments) shall override any appropriation made by any Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent Agent, the Issuing Bank, the Security Trustee (including of any Receiver or Delegate) and the U.S. Swingline Agent Arranger under this Agreementthe Finance Documents;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdlyinterest, in fee or towards payment pro rata of any interest commission due but unpaid under this Agreement;
(iviii) fourthlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement and any amount due but unpaid under Clauses 7.4 (Claims under a Letter of Credit) and 7.5 (Indemnities); and
(viv) fifthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent and the U.S. Swingline Agent under this Agreement;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthlyFIFTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone the Borrowers' Agent of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligor.
Appears in 1 contract
Sources: Term and Revolving Credit Facility (Vodafone Group Public Limited Co)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent Facility Agent, the Issuing Bank and the U.S. Swingline Security Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents and any amount due but unpaid under Clause 7.2 (Claims under a Letter of Credit) and Clause 7.3 (Indemnities); and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Term and Revolving Facilities Agreement (ShangPharma Corp)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and Facility Agent, the U.S. Swingline Agent Issuing Bank, the Mandated Lead Arrangers under this Agreementthe Finance Documents;
(ii) secondlysecond, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)this Agreement and the Ancillary Documents;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthlythird, in or towards payment pro rata of any principal outstandings due but unpaid under this AgreementAgreement and the Ancillary Documents and any amount due but unpaid under Clause 7.3 (Claims under a Bank Guarantee) and Clause 7.4 (Indemnities); and
(viv) fifthlyfourth, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Senior Facilities Agreement (Sirona Dental Systems, Inc.)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment (including by way of realisation of any Security granted in respect of any of the Borrowers' obligations under the Finance Documents) that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents (other than the Ancillary Documents), the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Facility Agent under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
principal (ivincluding amounts (other than those referred to in sub-paragraphs (i) fourthly, in or towards payment pro rata of any principal and (ii) above) payable with respect to Bank Guarantees) due but unpaid under this Agreement; and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Multicurrency Revolving Credit and Bank Guarantee Facilities (Elster Group SE)
Partial payments. (a) 38.5.1 If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment for application against amounts due under the Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(ia) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses (ignoring any fees payable under clause 11 (Fees)) of the Agent and or the U.S. Swingline Agent Arrangers under this Agreementthose Finance Documents;
(iib) secondly, pro rata in or towards payment to the Lenders pro rata of any amount owing to the Lenders under clause 35.10 (Lenders’ indemnity to the Agent);
(c) thirdly, pro-rata in or towards payment to the Lenders pro rata of any accrued fees interest, fee or commission or other amounts due to them but unpaid under Clause 20 (Fees)the Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(ivd) fourthly, in or towards payment to the Lenders pro rata of any principal which is due but unpaid under this Agreement; andthe Finance Documents;
(ve) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.the Finance Documents (except any Hedging Contracts); and
(bf) sixthly, pro-rata in or towards payment to the Hedging Providers of any net amounts due to them but unpaid under any Hedging Contracts;
38.5.2 The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersLenders and the Hedging Providers, vary the order set out in sub-paragraphs (a)(iib) to (ve) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variationclause 38.5.1.
(c) Paragraphs (a) 38.5.3 Clauses 38.5.1 and (b) 38.5.2 above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent orshall (subject to Clause 33.12 (Subordinated Noteholders)), as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:: |EU-DOCS\34803319.2||
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Collateral Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid fees, costs and expenses of the Agent under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest accrued interest, fee or commission due but unpaid under this Agreementthose Finance Documents;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreementthose Finance Documents; and
(v) fifthlyfifth, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersMajority Noteholders, vary the order set out in sub-paragraphs (a)(iia)(iii) to (va)(v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Notes Purchase Agreement (Membership Collective Group Inc.)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Administrative Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Administrative Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Administrative Agent and the U.S. Swingline Agent Issuing Bank under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, other fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents and any amount due but unpaid under Clause 10 (Claim Under a Letter of Credit) and Clause 10.4 (Indemnities); and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Administrative Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersMajority Participating Banks, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Letter of Credit Facility Agreement (Flowserve Corp)
Partial payments. (a) If the Agent or, or the Security Agent (as the case may be, the U.S. Swingline Agent applicable) receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under this Agreementthe Finance Documents, the Agent or, or the Security Agent (as the case may be, the U.S. Swingline Agent applicable) shall apply that payment towards the obligations of the Obligors Borrower under this Agreement the Finance Documents in the following order:
(i) firstfirstly, in or towards payment pro rata of any unpaid costsamount owing to the Agent, fees and expenses of the Agent and Security Agent, any Receiver or any Delegate under the U.S. Swingline Agent under this AgreementFinance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest on any Loans due but unpaid under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata principal of any principal Loans due but unpaid under this Agreement; and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Lenders, vary, or instruct the Security Agent to vary (as applicable), the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as Any such variation may include the case may be, the U.S. Swingline Agent, shall notify Vodafone re-ordering of obligations set out in any such variation.
(c) paragraph. Paragraphs (a) and (b) above shall will override any appropriation made by any Obligorthe Borrower.
Appears in 1 contract
Sources: Secured Term Loan Facility (Mohegan Tribal Gaming Authority)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Agent Arranger under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees demand made by a Fronting Bank in respect of a payment made or to be made by it under a Bank Guarantee due but unpaid under Clause 20 (Fees)unpaid;
(iii) thirdly, in or towards payment pro rata of any interest accrued interest, commission or Fronting Bank fee due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal Outstandings due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Euro Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Euro Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent and the U.S. Euro Swingline Agent under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 21 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. Euro Swingline Agent, shall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Euro Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligor.
Appears in 1 contract
Partial payments. (a) If Subject to clause 8 (Turnover of receipts) and clause 16 (Application of Proceeds) of the Agent orIntercreditor Agreement, as the case may be, the U.S. Swingline if a Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline that Facility Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement relevant Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of amount owing to any Administrative Party under the Agent and the U.S. Swingline Agent under this Agreementrelevant Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, ▇▇▇▇-up, fee (other than as provided in paragraph (i) above) or commission due but unpaid under Clause 20 (Fees)the relevant Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this the relevant Facility Agreement;; and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe relevant Finance Documents.
(b) The relevant Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersIntercreditor Agent in accordance with the Intercreditor Agreement, vary the order set out in sub-paragraphs (a)(ii) to (va)(iv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under this Agreementthe Finance Documents, the Facility Agent or, as the case may be, the U.S. Swingline Agent shall must apply that payment towards the obligations of the Obligors under this Agreement the Finance Documents in the following order:
(i) firstfirstly, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent Administrative Parties and the U.S. Swingline Agent under this AgreementIssuing Banks;
(ii) secondly, in or towards payment pro rata of any accrued interest or fee (including fronting fees and guarantee fees) due but unpaid under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any interest other principal amount due but unpaid under this Agreement;Agreement and any amount due but unpaid under Clause 7.2 (Claims under an L/G), Clause 7.3 (Indemnities) and Clause 8.1 (Counter-Indemnity from Account Party); and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shallmust, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall This Clause 19.7 will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent orany Finance Party receives or recovers an amount from or in respect of an Obligor under or in connection with any Finance Document which amount is 84 = NUMPAGES 135-2 133 insufficient to, as the case may beor is not applied to, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under this Agreementthe Finance Documents, then the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and under the U.S. Swingline Agent under this AgreementFinance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee (other than as provided in sub-paragraph (i) above) or commission due but unpaid under Clause 20 (Fees)the Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent Facility Agent, the Arranger, the Issuing Bank and the U.S. Swingline Security Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents and any amount due but unpaid under Clause 7.2 (Claims under a Letter of Credit) and Clause 7.3 (Indemnities); and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by the Parent or an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors Parent or that Obligor under this Agreement the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent, the Security Agent and or the U.S. Swingline Agent Arranger under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement or any sums due but unpaid under the Invoice Discounting Agreements; and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any the Parent or an Obligor.
Appears in 1 contract
Sources: Facility Agreement (Allied Healthcare International Inc)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Company under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors Company under this Agreement the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees costs and expenses of the Agent and under the U.S. Swingline Agent under this AgreementFinance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 24.2 (FeesCommitment fee) and Clause 24.3 (Utilisation fee);
(iii) thirdly, in or towards payment pro rata of any accrued interest or Letter of Credit fee (as the case may be) due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligorthe Company.
Appears in 1 contract
Sources: Multicurrency Revolving Credit Facility Agreement (Scottish Power PLC)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent and the U.S. Swingline Agent under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 19 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone the Borrowers' Agent of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement the Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and under the U.S. Swingline Agent under this AgreementFinance Documents;
(ii) secondlySECONDLY, in or towards payment of any commitment fee due under Clause 24.3 (Commitment fee) but unpaid;
(iii) THIRDLY, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthlyFIFTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Credit Facility Agreement (Rexam Acquisition Subsidiary Inc)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under this Agreementthe Facility Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors Borrower under this Agreement the Facility Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and Agent, the U.S. Swingline Agent Issuing Bank or the Arranger under this Agreementthe Facility Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement (including any amount due but unpaid under Clauses 5B.3 (Claims under a Letter of Credit) and 5B.4 (Indemnities)); and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Facility Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any Obligorthe Borrower.
Appears in 1 contract
Sources: Term and Letter of Credit Facility Agreement (Cascal B.V.)
Partial payments. (a) If Subject to the Agent orprovisions of the Intercreditor Agreement, as if the case may be, the U.S. Swingline Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Security Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents; and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersMajority Creditors, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent orabove (but not, as for the case may beavoidance of doubt, the U.S. Swingline Agent, shall notify Vodafone pro rata allocation of payments falling within any such variationparagraph).
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Facility Agent, the Security Agent, the Documentation Agent and or the U.S. Swingline Agent Mandated Lead Arrangers under this Agreementthe Finance Documents;
(ii) secondlySECONDLY, in or towards payment of any demand made by an Issuing Bank or Fronting Bank in respect of a payment made or to be made by it under the Letter of Credit due but unpaid;
(iii) THIRDLY, in or towards payment pro rata of any accrued fees interest or commission due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due Fronting Fees but unpaid under this Agreement;
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any principal Outstandings due but unpaid under this Agreement; and
(v) fifthlyFIFTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Partial payments. (a) If the Agent or, as the case may be, the U.S. a Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. that Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent, the U.S. Swingline Agent and the U.S. euro Swingline Agent under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 19 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. a Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs subparagraphs (a)(iiii) to (v) above. The Agent or, as the case may be, the U.S. relevant Swingline Agent, shall notify Vodafone the Borrowers' Agent of any such variation.
(c) Paragraphs (a) and (b) above of this Clause 9.7 (Partial payments) shall override any appropriation made by any Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors that Obligor under this Agreement those Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent Agent, the Arrangers, the Issuing Bank and the U.S. Swingline Security Agent under this Agreementthose Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents and any amount due but unpaid under Clause 7.2 (Claims under a Letter of Credit) and Clause 7.3 (Indemnities); and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(iiii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Super Senior Revolving Credit Facilities Agreement (Atento S.A.)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facilities Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facilities Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Facilities Agent and any Fronting Bank under the U.S. Swingline Agent under this AgreementFinance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement and any amount due but unpaid under Clause 7.3 (Indemnities) or Clause 9.4 (Indemnities); and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facilities Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(iiClauses 33.5(a)(ii) to (v33.5(a)(iv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (aClauses 33.5(a) and (b33.5(b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Facilities Agreement (Carnival PLC)
Partial payments. (aA) If in relation to a Facility the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement Obligor(s) in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Agent under this AgreementAgent;
(ii) secondly, in or towards payment pro rata of any accrued interest and fees due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest 5.4 due but unpaid under this Agreement;
(iviii) fourthlythirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(bB) To the extent that a shortfall as described in paragraph (A) arises in respect of both Facilities at the same time, the Agent shall apportion amounts between both Facilities on a pro rata basis to the outstandings under the Facilities as determined by reference to the applicable Exchange Rate .
(C) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(iiA)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone the relevant Borrower of any such variation.
(cD) Paragraphs (aA), (B) and (bC) above shall override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Loan Agreement (Emap PLC)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline an Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under this Agreement, the Agent or, as the case may be, the U.S. Swingline Finance Documents that Agent shall apply that payment towards the obligations of the Obligors under this Agreement the Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costs, fees and expenses of the relevant Agent and or the U.S. Swingline Agent Agents under this Agreement;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 Clauses 22.1 (FeesFront-end fees), 22.2 (Commitment fee), and 22.3 (Term-out Fee and Facility A Availability Extension Fee);
(iii) thirdlyTHIRDLY, in or towards payment pro rata of any accrued interest due but unpaid under this Agreement;
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthlyFIFTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, Agents shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (v) inclusive above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors Borrower under this Agreement the Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Agent Mandated Lead Arrangers under this Agreementthe Finance Documents;
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iviii) fourthlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(viv) fifthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any Obligor.the Borrower. --------------------------------------------------------------------------------
Appears in 1 contract
Sources: Term Loan Facility (Sonera Corp)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment for application against amounts due in respect of any Finance Documents that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthose Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsamount owing to the Agent, fees and expenses the Issuing Bank (other than any amount under Clause 7.2 (Claims under a Letter of Credit) or, to the Agent and extent relating to the U.S. Swingline reimbursement of a claim (as defined in Clause 7 (Letters of Credit)), Clause 7.3 (Indemnities)) or the Security Agent under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee or commission due but unpaid under Clause 20 (Fees)those Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest principal due but unpaid under this Agreement;those Finance Documents and any amount due but unpaid under Clause 7.2 (Claims under a Letter of Credit) and Clause 7.3 (Indemnities); and
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Senior Facilities Agreement (Fintrax US Acquisition Subsidiary, Inc.)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Facility Agent, the Security Agent, the Documentation Agent and or the U.S. Swingline Agent Mandated Lead Arrangers under this Agreementthe Finance Documents;
(ii) secondlySECONDLY, in or towards payment of any demand made by an Issuing Bank in respect of a payment made or to be made by it under any Letter of Credit due but unpaid;
(iii) THIRDLY, in or towards payment pro rata of any accrued fees interest or commission due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due Fronting Fees but unpaid under this Agreement;
(iv) fourthlyFOURTHLY, in or towards payment pro rata of any principal Outstandings due but unpaid under this Agreement; and
(v) fifthlyFIFTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Partial payments. (a) If the Agent or, or the Security Agent (as the case may be, the U.S. Swingline Agent applicable) receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under this Agreementthe Finance Documents, the Agent or, or the Security Agent (as the case may be, the U.S. Swingline Agent applicable) shall apply that payment towards the obligations of the Obligors Borrower under this Agreement the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of of, and other amounts owing to, the Agent and Agent, the U.S. Swingline Agent Security Agent, any Receiver or any Delegate under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees interest, fee (other than as provided in paragraph (i) above) or commission due but unpaid under Clause 20 (Fees)the Finance Documents;
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary or instruct the Security Agent to vary (as applicable), the order set out in sub-paragraphs (a)(ii) to (va)(iv) above. The Agent or, as Any such variation may include the case may be, the U.S. Swingline Agent, shall notify Vodafone re-ordering of obligations set out in any such variationparagraph.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any Obligor.the Borrower. 49173559_13
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and under the U.S. Swingline Agent under this Agreement;Finance Documents; #4666581/6 79 (104)
(ii) secondly, in or towards payment pro rata of any accrued fees interest, regularly scheduled swap payments, fee or commission due but unpaid under Clause 20 (Fees)this Agreement and the Hedging Agreements;
(iii) thirdly, in or towards payment pro rata of any interest principal and swap termination payments due but unpaid under this AgreementFacility A and the Hedging Agreements;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this AgreementFacility B; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(iia) (ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement the Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees costs and expenses of the Agent and the U.S. Swingline Agent Issuing Bank under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued unpaid costs and expenses and fees due but unpaid of the Agent, the Security Agent, the Arrangers and the Account Bank under Clause 20 (Fees)this Agreement;
(iii) thirdly, in or towards payment pro rata of any accrued interest and/or Guarantee Fee due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal amount of the Loans due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Loan Facility Agreement (Diamond Cable Communications PLC)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and under the U.S. Swingline Agent under this AgreementFinance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees demand made by a Fronting Bank in respect of a payment made or to be made by it under a Letter of Credit or a Bank Guarantee due but unpaid under Clause 20 (Fees)unpaid;
(iii) thirdly, in or towards payment pro rata of any interest accrued interest, commission or Fronting Bank fees due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal Outstandings due but unpaid under this AgreementAgreement and the Ancillary Documents; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Senior Facilities Agreement (Messer Griesheim Holding Ag)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Facility Agent shall apply that payment towards the obligations of the Obligors under this Agreement the Finance Documents in the following order:
(i) firstFIRST, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of either of the Agent and Agents under the U.S. Swingline Finance Documents (other than amounts payable to the Technical Agent under this AgreementClause 22.1 (Arrangement and agency fees);
(ii) secondlySECONDLY, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this AgreementAgreement and any Hedging Costs due but unpaid;
(iviii) fourthlyTHIRDLY, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement and any Hedging Termination Payments due but unpaid;
(iv) FOURTHLY, in or towards payment pro rata of any amounts payable to the Arranger or the Technical Agent under Clause 22.1 (Arrangement and agency fees); and
(v) fifthlyFIFTHLY, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Facility Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (va)(ii)-(iv)(inclusive) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Revolving Credit Facility (Toreador Resources Corp)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Euro Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Euro Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent and the U.S. Euro Swingline Agent under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. Euro Swingline Agent, shall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Euro Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligor.
Appears in 1 contract
Sources: 5 Year Facility Agreement (Vodafone Group Public LTD Co)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under this Agreement, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees costs and expenses of the Agent and the U.S. Swingline Agent Co-ordinator under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 23.1 (FeesCommitment fee);
(iii) thirdly, in or towards payment pro rata of any accrued interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this AgreementAgreement and any principal due under the Bilateral Facilities; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this AgreementAgreement and the Bilateral Facilities.
(b) The Agent or, as the case may beAt any time following an Event of Default, the U.S. Swingline Agent, Agent shall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any an Obligor.
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Waterford Wedgwood PLC)
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under this Agreementthe Finance Documents, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of that Obligor under the Obligors under this Agreement Finance Documents in the following order:
(i) first, in or towards payment pro rata of any unpaid costsfees, fees costs and expenses of the Agent and the U.S. Swingline Agent Arranger under this Agreementthe Finance Documents;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 (Fees);
(iii) thirdlyinterest, in fee or towards payment pro rata of any interest commission due but unpaid under this Agreement;
(iviii) fourthlythirdly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(viv) fifthlyfourthly, in or towards payment pro rata of any other sum due but unpaid under this Agreementthe Finance Documents.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (viv) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall will override any appropriation made by any an Obligor.
(d) The Lenders hereby expressly agree that the Agent shall not apply any amount received in accordance with paragraph (a) above to discharge the obligations of an Obligor owed to a Lender if such partial payment received by the Agent is as a result of that Lender being considered as a subordinated creditor by operation of any insolvency law.
Appears in 1 contract
Partial payments. (a) If the Agent or, as the case may be, the U.S. Swingline Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under this Agreement, the Agent or, as the case may be, the U.S. Swingline Agent shall apply that payment towards the obligations of the Obligors under this Agreement in the following order:
(i) first, in or towards payment pro rata of any unpaid costs, fees and expenses of the Agent and the U.S. Swingline Agent under this Agreement;
(ii) secondly, in or towards payment pro rata of any accrued fees due but unpaid under Clause 20 21 (Fees);
(iii) thirdly, in or towards payment pro rata of any interest due but unpaid under this Agreement;
(iv) fourthly, in or towards payment pro rata of any principal due but unpaid under this Agreement; and
(v) fifthly, in or towards payment pro rata of any other sum due but unpaid under this Agreement.
(b) The Agent or, as the case may be, the U.S. Swingline Agent, shall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (va)(v) above. The Agent or, as the case may be, the U.S. Swingline Agent, shall notify Vodafone of any such variation.
(c) Paragraphs (a) and (b) above shall override any appropriation made by any Obligor.
Appears in 1 contract