Common use of Payments and Collections Clause in Contracts

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes or Revolving Commitment Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's Revolving Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application on the Revolving Notes; and (c) last to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for any unpaid Revolving Commitment Fees owing by the Borrower hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Alleghany Corp /De), Credit Agreement (Alleghany Corp /De), Day Revolving Credit Agreement (Alleghany Corp /De)

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Payments and Collections. All funds received by the ------------------------ Agent in respect of any payments made by the Borrower on the Revolving Notes or Notes, Revolving Commitment Fees or Letter of Credit Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's Revolving Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application on the Revolving Notes; and (c) last next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for any unpaid Revolving Commitment Fees or Letter of Credit Fees owing by the Borrower hereunderhereunder ; and (d) last to the Agent to be held in the Holding Account to cover any outstanding Letters of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes PCI or Revolving Commitment Fees Seller under this Agreement shall be distributed forthwith by the Agent among the BanksBuyers, in like currency and funds as received, ratably according to each Bank's Revolving Percentage’s Individual Purchase Commitment Amount. After any Termination Event of Default has occurredoccurred and is continuing, all funds received by the Agent, whether as payments by the Borrower PCI or Seller or as realization on any collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank Buyer who has incurred unreimbursed costs of collection with respect to any Obligations amount payable hereunder, ratably to the Agent and each Bank Buyer in the proportion that the costs incurred by the Agent or such Bank Buyer bear to the total of all such costs incurred by the Agent and all BanksBuyers; (b) next to the Agent for the account of the Banks Buyers (in accordance with their respective Revolving PercentagesIndividual Purchase Commitment Amounts) for application on the Revolving Notesamounts owing hereunder; and (c) last to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application to any unpaid Revolving Commitment Fees owing by the Borrower hereunderagent’s fees.

Appears in 1 contract

Samples: Contract Purchase Agreement (Patterson Companies, Inc.)

Payments and Collections. All funds received by the Agent in respect of any payments made by PDC or the Borrower on the Revolving Notes or Revolving Commitment Fees Sellers under this Agreement shall be distributed forthwith by the Agent among the BanksBuyers, in like currency and funds as received, ratably according to each Bank's Revolving PercentageIndividual Contract Purchase Commitment Amount. After any Event of Default has occurred, all funds received by the Agent, whether as payments by PDC or the Borrower Sellers or as realization on any collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank Buyer who has incurred unreimbursed costs of collection with respect to any Obligations amount payable hereunder, ratably to the Agent and each Bank Buyer in the proportion that the costs incurred by the Agent or such Bank Buyer bear to the total of all such costs incurred by the Agent and all BanksBuyers; (b) next to the Agent for the account of the Banks Buyers (in accordance with their respective Revolving PercentagesIndividual Contract Purchase Commitment Amounts) for application on the Revolving Notesamounts owing hereunder; and (c) last to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application to any unpaid Revolving Commitment Fees owing by the Borrower hereunderagent's fees.

Appears in 1 contract

Samples: Contract Purchase Agreement (Patterson Dental Co)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes or Revolving Commitment Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's Revolving Percentageratable share thereof. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guarantiescollateral, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentagesratable shares of all Loans outstanding) for application on the Revolving NotesNotes and the unpaid drawings under Letters of Credit; and (c) last next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentagesratable shares) for any unpaid Revolving Commitment Fees or Letter of Credit Fees owing by the Borrower hereunder; and (d) last to the Agent to be held in the Holding Account to cover the Borrower's reimbursement and other obligations with respect to any outstanding Letters of Credit.

Appears in 1 contract

Samples: Osmonics Inc

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes or Notes, Revolving Commitment Fees or Letter of Credit Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's Revolving Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guarantiesGuaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application on the Revolving Notes; and (c) last next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for any unpaid Revolving Commitment Fees or Letter of Credit Fees owing by the Borrower hereunder; and (d) last to the Agent to be held in the Holding Account to cover any outstanding Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Marten Transport LTD)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes Notes, Commitment Fees or Revolving Commitment Letter of Credit Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's Revolving Commitment Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with their respective Revolving Commitment Percentages) for application on the Revolving NotesNotes (such application to be made first to the payment of interest and then to the payment of principal); and (c) last next to the Agent for the account of the Banks (in accordance with their respective Revolving Commitment Percentages) for any unpaid Revolving Commitment Fees, Standby Letter of Credit Fees or other fees owing by the Borrower hereunderhereunder (other than the fees payable to the Agent for its own account, as described in the last sentence of Section 2.17, which shall be retained by the Agent for its own account); and (d) last to the Agent to be held in the Holding Account to cover any outstanding Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Damark International Inc)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower Borrowers on the Revolving Notes or Notes, Revolving Commitment Fees or Letter of Credit Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's ’s Revolving Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower Borrowers or as realization on collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application on any unpaid Revolving Commitment Fees or Letter of Credit Fees owing by the Revolving NotesBorrowers hereunder; and (c) last next to the Agent for the account of the Banks (in accordance with their respective Revolving Total Percentages) for application to interest on the Notes and any unpaid Revolving Commitment Fees owing by Rate Protection Obligations; (d) next to the Borrower hereunderAgent for the account of the Banks (in accordance with their respective Total Percentages) for application to principal on the Notes and any Rate Protection Obligations; and (e) last to the Agent to be held in the Holding Account to cover any outstanding Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Cabelas Inc)

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Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes or Revolving Commitment Fees Sellers under this Agreement shall be distributed forthwith by the Agent among the BanksBuyers, in like currency and funds as received, ratably according to each Bank's Revolving PercentageIndividual Contract Purchase Commitment Amount. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower Sellers or as realization on any collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank Buyer who has incurred unreimbursed costs of collection with respect to any Obligations amount payable hereunder, ratably to the Agent and each Bank Buyer in the proportion that the costs incurred by the Agent or such Bank Buyer bear to the total of all such costs incurred by the Agent and all BanksBuyers; (b) next to the Agent for the account of the Banks Buyers (in accordance with their respective Revolving PercentagesIndividual Contract Purchase Commitment Amounts) for application on the Revolving Notesamounts owing hereunder; and (c) last to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application to any unpaid Revolving Commitment Fees owing by the Borrower hereunderagent's fees.

Appears in 1 contract

Samples: Contract Purchase Agreement (Patterson Dental Co)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes or Revolving Commitment Facility Fees shall be distributed forthwith by the Agent among the BanksLenders, in like currency and funds as received, ratably according to each BankLender's Revolving Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank Lender who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank Lender in the proportion that the costs incurred by the Agent or such Bank Lender bear to the total of all such costs incurred by the Agent and all BanksLenders; (b) next to the Agent for the account of the Banks Lenders (in accordance with their respective Revolving Percentages) for application on the Revolving Notes; and (c) last to the Agent for the account of the Banks Lenders (in accordance with their respective Revolving Percentages) for any unpaid Revolving Commitment Facility Fees owing by the Borrower hereunderhereunder .

Appears in 1 contract

Samples: Credit Agreement (Reliastar Financial Corp)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Term Notes or Revolving Commitment Fees shall be distributed forthwith by the Agent among the BanksLenders, in like currency and funds as received, ratably according to each Bank's Revolving Lender’s Term Loan Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who Lender that has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank Lender in the proportion that the costs incurred by the Agent or such Bank Lender bear to the total of all such costs incurred by the Agent and all BanksLenders; (b) next to the Agent for the account of the Banks Lenders (in accordance with their respective Revolving Term Loan Percentages) for application on the Revolving Term Notes; and (c) last to the Agent for the account of the Banks Lenders (in accordance with their respective Revolving Term Loan Percentages) for any unpaid Revolving Commitment Fees fees or other Obligations owing by the Borrower hereunder.

Appears in 1 contract

Samples: Loan Agreement (Vitesse Semiconductor Corp)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes or Revolving Commitment Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's Revolving Percentage. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on collateral or on any guarantiesGuaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for application on the Revolving Notes; and (c) last to the Agent for the account of the Banks (in accordance with their respective Revolving Percentages) for any unpaid Revolving Commitment Fees and other Obligations owing by the Borrower hereunder.

Appears in 1 contract

Samples: Pledge Agreement (Graco Inc)

Payments and Collections. All funds received by the Agent in respect of any payments made by the Borrower on the Revolving Notes or Revolving Commitment Fees shall be distributed forthwith by the Agent among the Banks, in like currency and funds as received, ratably according to each Bank's Revolving PercentageCommitment. After any Event of Default has occurred, all funds received by the Agent, whether as payments by the Borrower or as realization on any collateral or on any guaranties, shall (except as may otherwise be required by law) be distributed by the Agent in the following order: (a) first to the Agent or any Bank who has incurred unreimbursed costs of collection with respect to any Obligations Loans or fees payable hereunder, ratably to the Agent and each Bank in the proportion that the costs incurred by the Agent or such Bank bear to the total of all such costs incurred by the Agent and all Banks; (b) next to the Agent for the account of the Banks (in accordance with pro rata to the amounts outstanding under their respective Revolving PercentagesNotes) for application on the Revolving Notes; and (c) last next to the Agent for the account of the Banks (in accordance with their respective Revolving PercentagesCommitments) for any unpaid Revolving Commitment Fees owing by the Borrower hereunder; and (d) last to the Agent for application to any unpaid agent's fees.

Appears in 1 contract

Samples: Credit Agreement (Patterson Dental Co)

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