Common use of Payments to Agent Clause in Contracts

Payments to Agent. All payments of principal of and interest on the Loan or the Notes shall be made to the Agent by the Borrower or any other obligor or guarantor for the account of the Lenders in immediately available funds as provided in the Notes and this Agreement and any other Loan Document. Except as otherwise expressly provided herein, the Agent agrees to use its reasonable best efforts to promptly to distribute to each Lender on the same Business Day upon which each such payment is made, such Lender’s proportionate share of each such payment in immediately available funds excluding liquidation proceeds which shall be distributed in accordance with Section 11.2(d). The Agent shall upon each distribution promptly notify the Borrower of such distribution and each Lender of the amounts distributed to it applicable to principal of, and interest on, the proportionate share held by the applicable Lender. Each payment to the Agent under the first sentence of this Section 11.2(c) shall constitute a payment by the Borrower to each Lender in the amount of such Lender’s proportionate share of such payment, and any such payment to the Agent shall not be considered outstanding for any purpose after the date of such payment by the Borrower to the Agent without regard to whether or when the Agent makes distribution thereof as provided above. If any payment received by the Agent from the Borrower is insufficient to pay both all accrued interest and all principal then due and owing, unless otherwise provided herein, the Agent shall first apply such payment to all outstanding interest until paid in full and shall then apply the remainder of such payment to all principal then due and owing, and shall distribute the payment to each Lender accordingly.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Centerline Holding Co), Warehousing Credit and Security Agreement (Centerline Holding Co)

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Payments to Agent. All payments of principal of and interest on the Loan or the Notes shall be made to the Agent by the Borrower Borrowers or any other obligor or guarantor for the account of the Lenders in immediately available funds as provided in the Notes and this Agreement and any other Loan Document. Except as otherwise expressly provided herein, the Agent agrees to use its reasonable best efforts to promptly to distribute to each Lender Lender, on the same Business Day upon which each such payment is mademade (if received prior to 2:00 p.m. (Eastern time) on such Business Day), such Lender’s proportionate share of each such payment in immediately available funds excluding liquidation proceeds Liquidation Proceeds which shall be distributed in accordance with Section 11.2(d)11.2.4 below. The Agent shall upon each distribution promptly notify the Borrower Borrowers of such distribution and each Lender of the amounts distributed to it applicable to principal of, and interest on, the proportionate share held by the applicable Lender. Each payment to the Agent under the first sentence of this Section 11.2(c) shall constitute a payment by the Borrower Borrowers to each Lender in the amount of such Lender’s proportionate share of such payment, and any such payment to the Agent shall not be considered outstanding for any purpose after the date of such payment by the Borrower Borrowers to the Agent without regard to whether or when the Agent makes distribution thereof as provided above. If any payment received by the Agent from the Borrower Borrowers is insufficient to pay both all accrued interest and all principal then due and owing, unless otherwise provided herein, the Agent shall first apply such payment to all outstanding interest until paid in full and shall then apply the remainder of such payment to all principal then due and owing, and shall distribute the payment to each Lender accordinglyaccordingly and the Borrowers shall remain liable for any deficiency.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Centerline Holding Co), Warehousing Credit and Security Agreement (Centerline Holding Co)

Payments to Agent. All payments of principal of and interest on the Loan or the Notes shall be made to the Agent by the Borrower or any other obligor or guarantor for the account of the Lenders in Dollars in immediately available funds as provided in the Notes and this Agreement and any other Loan DocumentAgreement. Except as otherwise expressly provided herein, the The Agent agrees to use its reasonable best efforts to promptly to distribute to each Lender Lender, on the same Business Day upon which each such payment is made, such Lender’s proportionate share Pro Rata Share of each such payment in immediately available funds excluding liquidation proceeds which shall be distributed in accordance with Section 11.2(d)funds, except as otherwise expressly provided herein. The Agent shall upon each distribution promptly notify the Borrower of such distribution and each Lender of the amounts distributed to it applicable to principal of, and interest on, the proportionate share Pro Rata Share held by the applicable Lender. Each payment to the Agent under the first sentence of this Section 11.2(c) 11.3.3 shall constitute a payment by the Borrower to each Lender in the amount of such Lender’s proportionate share Pro Rata Share of such payment, and any such payment to the Agent shall not be considered outstanding for any purpose after the date of such payment by the Borrower to the Agent without regard to whether or when the Agent makes distribution thereof as provided above. If any payment received by the Agent from the Borrower is insufficient to pay both all accrued interest and all principal then due and owing, unless otherwise provided herein, the Agent shall first apply such payment to all outstanding interest until paid in full and shall then apply the remainder of such payment to all principal then due and owing, and shall distribute the payment to each Lender accordingly.

Appears in 1 contract

Samples: Loan Agreement (Firstcity Financial Corp)

Payments to Agent. All payments of principal of and interest on the Loan Loans or the Notes Note shall be made to the Agent by the Borrower or any other obligor or guarantor Obligor for the account of the Lenders in immediately available funds as provided in the Notes and this Agreement and any other Loan DocumentAgreement. Except as otherwise expressly provided herein, the The Agent agrees to use its reasonable best efforts to promptly to distribute to each Lender Lender, on the same Business Day upon which each such payment is made, such Lender’s proportionate Pro Rata share of each such payment in immediately available funds excluding liquidation proceeds which shall be distributed in accordance with Section 11.2(d)funds, except as otherwise expressly provided herein. The Agent shall upon each distribution promptly notify the Borrower of such distribution and each Lender of the amounts distributed to it applicable to principal of, and interest on, the proportionate share held by the applicable Lender. Each payment to the Agent under the first sentence of this Section 11.2(c) 16.2.4 shall constitute a payment by the Borrower to each Lender in the amount of such Lender’s proportionate Pro Rata share of such payment, and any such payment to the Agent shall not be considered outstanding for any purpose after the date of such payment by the Borrower to the Agent without regard to whether or when the Agent makes distribution thereof as provided above. If any payment received by the Agent from the Borrower is insufficient to pay both all accrued interest and all principal then due and owing, unless otherwise provided herein, the Agent shall first apply such payment to all outstanding interest until paid in full and shall then apply the remainder of such payment to all principal then due and owing, and shall distribute the payment to each Lender accordingly.

Appears in 1 contract

Samples: Revolving Credit Agreement (TNP Strategic Retail Trust, Inc.)

Payments to Agent. All payments of principal of and interest on the Loan or the Notes respecting any Unpaid Drawing shall be made to the Agent by the Borrower Account Party or any other obligor or guarantor for the account of the Lenders Issuing Bank in immediately available funds as provided in the Notes and this Agreement and any other Loan DocumentAgreement. Except as otherwise expressly provided herein, the Agent agrees to use its reasonable best efforts to promptly to distribute to the Issuing Bank and to each Lender Participant which has funded its Commitment Percentage of any Unpaid Drawing, on the same Business Day upon which each such payment is mademade (if received prior to 2:00 p.m. on such Business Day), such Lender’s Person's proportionate share of each such payment in immediately available funds funds, excluding liquidation proceeds Liquidation Proceeds which shall be distributed in accordance with Section 11.2(d)13.2(d) below. The Agent shall upon each distribution promptly notify the Borrower of such distribution Issuing Bank and each Lender Participant of the amounts distributed to it applicable to principal of, and interest on, the proportionate share held by the applicable LenderPerson. Each payment to the Agent under the first sentence of this Section 11.2(c) shall constitute a payment by the Borrower Account Party to each Lender in the amount of such Lender’s proportionate share of such paymentIssuing Bank, and any such payment to the Agent shall not be considered outstanding for any purpose after the date of such payment by the Borrower Account Party to the Agent without regard to whether or when the Agent makes distribution thereof as provided above. If any payment received by the Agent from the Borrower Account Party is insufficient to pay both all accrued interest and all principal then due and owing, unless otherwise provided herein, the Agent shall first apply such payment to all outstanding interest until paid in full and shall then apply the remainder of such payment to all principal then due and owing, and shall distribute the payment to each Lender Participant accordingly. As between the Issuing Bank and each Participant, all interest in respect of any Unpaid Drawing shall be solely for the account of the Issuing Bank up to the time that the Agent has received such Participant's payment of its Commitment Percentage of such Unpaid Drawing.

Appears in 1 contract

Samples: Reimbursement Agreement (Charter Municipal Mortgage Acceptance Co)

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Payments to Agent. All payments of principal of and interest on the Loan Loans or the Notes shall be made to the Agent by the Borrower or any other obligor or guarantor for the account of the Lenders in immediately available funds as provided in the Notes and this Agreement and any other Loan DocumentAgreement. Except as otherwise expressly provided herein, the Agent agrees to use its reasonable best efforts to promptly to distribute to each Lender Lender, on the same Business Day upon which each such payment is made, such Lender’s proportionate share of each such payment in immediately available funds excluding liquidation proceeds Liquidation Proceeds which shall be distributed in accordance with Section 11.2(d)23.2(d) below. The Agent shall upon each distribution promptly notify the Borrower of such distribution and each Lender of the amounts distributed to it applicable to principal of, and interest on, the proportionate share held by the applicable Lender. Each payment to the Agent under the first sentence of this Section 11.2(c) shall constitute a payment by the Borrower to each Lender in the amount of such Lender’s proportionate share of such payment, and any such payment to the Agent shall not be considered outstanding for any purpose after the date of such payment by the Borrower to the Agent without regard to whether or when the Agent makes distribution thereof as provided above. If any payment received by the Agent from the Borrower is insufficient to pay both all accrued interest and all principal then due and owing, unless otherwise provided herein, the Agent shall first apply such payment to all outstanding interest until paid in full and shall then apply the remainder of such payment to all principal then due and owing, and shall distribute the payment to each Lender accordingly.

Appears in 1 contract

Samples: Construction Loan Agreement (CNL Growth Properties, Inc.)

Payments to Agent. All payments of principal of and interest on the Loan Loans or the Notes shall be made to the Agent by the Borrower or any other obligor or guarantor for the account of the Lenders in immediately available funds as provided in the Notes and this Agreement and any other Loan DocumentAgreement. Except as otherwise expressly provided herein, the The Agent agrees to use its reasonable best efforts to promptly to distribute to each Lender Lender, on the same Business Day upon which each such payment is mademade if possible, such Lender’s proportionate share of each such payment in immediately available funds excluding liquidation proceeds which shall be distributed in accordance with Section 11.2(d)funds, except as otherwise expressly provided herein. The Agent shall upon each distribution promptly notify the Borrower of such distribution and each Lender of the amounts distributed to it applicable to principal of, and interest on, the proportionate share held by the applicable Lender. Each payment to the Agent under the first sentence of this Section 11.2(c) 15.12.3 shall constitute a payment by the Borrower to each Lender in the amount of such Lender’s proportionate share of such payment, and any such payment to the Agent shall not be considered outstanding for any purpose after the date of such payment by the Borrower to the Agent without regard to whether or when the Agent makes distribution thereof as provided above. If any payment received by the Agent from the Borrower is insufficient to pay both all accrued interest and all principal then due and owing, unless otherwise provided herein, the Agent shall first apply such payment to all outstanding interest until paid in full and shall then apply the remainder of such payment to all principal then due and owing, and shall distribute the payment to each Lender accordingly.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

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