Common use of Post-Default Allocation Clause in Contracts

Post-Default Allocation. During an Event of Default, monies to be applied to the Obligations, whether arising from payments by Obligors, realization on Collateral, setoff or otherwise, shall be allocated as follows: (a) first, to all fees, indemnification, costs and expenses, including Extraordinary Expenses, owing to Agent; (b) second, to all amounts owing to Agent on Swingline Loans, Protective Advances, and Loans and participations that a Defaulting Lender has failed to settle or fund; (c) third, to all amounts owing to Issuing Bank on LC Obligations; (d) fourth, to all Obligations (other than Secured Bank Product Obligations) constituting fees, indemnification, costs or expenses owing to Lenders; (e) fifth, to all Obligations (other than Secured Bank Product Obligations) constituting interest; (f) sixth, to Cash Collateralize all LC Obligations; (g) seventh, to all other Loans, and to Secured Bank Product Obligations arising under Hedge Agreements (including Cash Collateralization thereof) up to the amount of Reserves existing therefor; (h) eighth, to all other Secured Bank Product Obligations; (i) ninth, all remaining Obligations; and (j) last, to the Borrower.

Appears in 2 contracts

Sources: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)

Post-Default Allocation. During Notwithstanding anything in any Loan Document to the contrary, during an Event of Default, monies to be applied to the Obligations, whether arising from payments by Obligors, realization on Collateral, setoff or otherwise, shall be allocated as follows: (a) first, to all fees, indemnification, costs and expenses, including Extraordinary Expenses, owing to Agent; (b) second, to all amounts owing to Agent on Swingline Loans, Protective Advances, and Loans and participations that a Defaulting Lender has failed to settle or fund; (c) third, to all amounts owing to Issuing Bank on LC ObligationsBank; (d) fourth, to all Obligations (other than Secured Bank Product Obligations) constituting fees, indemnification, costs or expenses owing to Lenders; (e) fifth, to all Obligations (other than Secured Bank Product Obligations) constituting interest; (f) sixth, to Cash Collateralize all LC Obligations; (g) seventh, to all other Loans, and to Secured Bank Product Obligations arising under Hedge Agreements (including Cash Collateralization thereof) up to the amount of Reserves existing therefor; (h) eighth, to all other Secured Bank Product Obligations;; and (i) ninthlast, to all remaining Obligations; and (j) last, to the Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Northwest Pipe Co)

Post-Default Allocation. During Notwithstanding anything in any Loan Document to the contrary, during an Event of DefaultDefault under Section 11.1(j), or during any other Event of Default at the discretion of Agent or Required Lenders, monies to be applied to the Obligations, whether arising from payments by Obligors, realization on Collateral, setoff or otherwise, shall be allocated as follows: (a) firstFIRST, to all fees, indemnification, costs and expenses, including Extraordinary Expenses, owing to Agent; (b) secondSECOND, to all other amounts owing to Agent on Agent, including Swingline Loans, Protective Advances, and Revolver Loans and participations that a Defaulting Lender has failed to settle or fund; (c) thirdTHIRD, to all amounts owing to Issuing Bank on LC ObligationsBank; (d) fourthFOURTH, to all Obligations (other than Secured Bank Product Obligations) constituting fees, indemnification, costs or expenses owing to Lenders; (e) fifthFIFTH, to all Obligations (other than Secured Bank Product Obligations) constituting interest; (f) sixthSIXTH, to Cash Collateralize all LC Obligations; (g) seventhSEVENTH, to all other Revolver Loans, and to Secured Bank Product Obligations arising under Hedge Agreements (including Cash Collateralization thereof) up to the amount of Reserves existing therefor; (h) eighthEIGHTH, to all other Secured Bank Product Obligations; (i) ninth, all remaining Obligations; and (j) last, to the Borrower.

Appears in 1 contract

Sources: Loan, Guaranty and Security Agreement (ArcLight Clean Transition Corp.)