Payment Waterfall. Notwithstanding any other provision in this Agreement or any other Loan Document to the contrary:
Payment Waterfall. (a) If, at the end of any Semiannual Fiscal Period (or, in the case of the three month period ending on the Maturity Date, at the end of such three month period), the ER Group’s aggregate cash balance, after taking into account any Permitted Cash Uses, exceeds the Cash Threshold, such excess amount will constitute “ER Excess Cash”. For the avoidance of doubt, any balance in the DSRA will not count towards the amount of cash held by the ER Group for the purposes of this calculation. For so long as any amount remains outstanding under the First Ranking Facility, any ER Excess Cash shall be deposited into the DSRA no later than 15 Business Days after the release of the financial statements of the Company and the Parent Guarantor pursuant to Section 4.16 in respect of the relevant Semiannual Fiscal Period (which shall be released concurrently); provided that any ER Excess Cash for the Semiannual Fiscal Period ending on June 30, 2022 that is required to be deposited into the DSRA shall be deposited into the DSRA no later than five Business Days prior to the Maturity Date.
Payment Waterfall. (a) Each Obligor shall (and the Borrower shall procure that each other Group Member will) procure that (subject to the provisions of the Finance Documents and without duplication), at all times:
Payment Waterfall. The Borrower shall repay in full the unpaid principal amount of each Loan (including any Deferred Interest) on the Stated Maturity Date. Prior to repayment in full of the principal amount of each Loan on the Stated Maturity Date, or the applicable earlier prepayment (in accordance with the terms of Section 3.1.1 hereof) in full of such principal amount, on the last calendar day of each month during the term of this Agreement (or the first Business Day preceding such day, if such day is not a Business Day), the Borrower shall provide for the disbursement of amounts from the Depositary Account in accordance with the following priorities in payment (such payments from the Depositary Account, the “Waterfall”):
Payment Waterfall. Claimant shall cause the Lawyers promptly to pay to Xxxxxxx out of the Trust Account all Investment Returns, as and when any Litigation Proceeds are received (once such funds clear or otherwise become available), in accordance with Exhibit C. If no Litigation Proceeds are obtained from the Litigation, then Xxxxxxx will not be entitled to its financial return and Claimant will owe Xxxxxxx nothing, provided that Xxxxxxx shall be entitled to the Principal Protection set forth on Exhibit C.
Payment Waterfall. The Operator shall administer the Mine Owner's payment obligations under, and in connection with, the Operations by applying the Advances and Revenues by way of direct payment or set off (as applicable) in accordance with the Payment Waterfall set out below, in order of priority:
Payment Waterfall. Anything to the contrary contained in the Credit Agreement and the other Loan Documents notwithstanding, the Administrative Agent and the Lenders hereby agree that (solely between themselves and without effecting an amendment to the Credit Agreement and the other Loan Documents) as follows:
Payment Waterfall. 30.5.1 If the Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Agent shall apply that payment towards the obligations of that Obligor under the Finance Documents in the following order:
Payment Waterfall. The Company shall apply the Monetization Payments to the payment of the Notes, the Fixed Return Interest, and the Contingent Interest in the following order:
Payment Waterfall. All amounts due to NYTEX pursuant to Sections 3(a) and (b) above shall be paid in the following order:
