Common use of Application and Allocation of Payments Clause in Contracts

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (ii) voluntary prepayments shall be applied in accordance with the provisions of Section 1.3(a); and (iii) mandatory prepayments shall be applied as set forth in Section 1.3(c). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower and unless expressly stated otherwise in this Agreement, payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Loan; and (4) to all other Obligations including expenses of Lenders to the extent reimbursable under Section 11.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments matching specific of regularly scheduled payments then due shall be applied to those scheduled payments; , (ii) voluntary prepayments shall be applied in accordance with the provisions of Section 1.3(a2.3(a); , and (iii) mandatory prepayments shall be applied as set forth in Section 1.3(cSections 2.3(d). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Datecontinuing, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf a Credit Party. All voluntary prepayments shall be applied as directed by Borrower in accordance with the provisions of Borrower Section 2.3(a). In all circumstances after an Event of Default, all payments and unless expressly stated otherwise in this Agreement, payments all proceeds of Collateral shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; and (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Loan; and (4) to all other Obligations hereunder on a ratable basis, including expenses of Lenders to the extent reimbursable under Section 11.312.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments matching specific of regularly scheduled payments then due shall be applied to those scheduled payments; , (ii) voluntary prepayments shall be applied in accordance with the provisions of Section 1.3(a2.3(a); , and (iii) mandatory prepayments shall be applied as set forth in Section 1.3(cSections 2.3(c). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Senior Conversion Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf a Credit Party. All voluntary prepayments shall be applied as directed by Borrower. In all circumstances after an Event of Borrower and unless expressly stated otherwise in this AgreementDefault, all payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunderhereunder and to all obligations owing to Agent or any other Lender by any Non-Funding Lender under the Loan Documents; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Loan; and (4) to all other Obligations hereunder, including expenses of Lenders to the extent reimbursable under Section 11.312.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments matching specific of regularly scheduled payments then due shall be applied to those scheduled payments; , (ii) voluntary prepayments shall be applied in accordance with the provisions of Section 1.3(a2.3(a); , and (iii) mandatory prepayments shall be applied as set forth in Section 1.3(cSections 2.3(d). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Datecontinuing, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf a Credit Party. All voluntary prepayments shall be applied as directed by Borrower. In all circumstances after an Event of Borrower Default, all payments and unless expressly stated otherwise in this Agreement, payments all proceeds of Collateral shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; and (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Loan; and (4) to all other Obligations hereunder on a ratable basis, including expenses of Lenders to the extent reimbursable under Section 11.312.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (ii) voluntary prepayments shall be applied in accordance with the provisions of Section 1.3(a); and (iii) mandatory prepayments shall be applied as set forth in Section 1.3(c). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower and unless expressly stated otherwise in this Agreement, payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Loan; and (4) to all other Obligations including expenses of Lenders to the extent reimbursable under Section 11.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments consisting of proceeds of SBA 7(a) Note Receivables received from the Trustee and/or Borrower in the ordinary course of business shall be applied to the Revolving Loan, (ii) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (iiiii) voluntary prepayments shall be applied in accordance with the provisions of Section 1.3(a); and (iiiiv) mandatory prepayments shall be applied as set forth in Section Sections 1.3(c). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan(d). As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower, and Borrower hereby irrevocably agrees that Lender shall have the continuing exclusive right to apply any and unless expressly stated otherwise all such payments against the Obligations as Lender may deem advisable notwithstanding any previous entry by Lender in this Agreementthe Loan Account or any other books and records. In the absence of a specific determination by Lender with respect thereto, payments shall be applied to amounts then due and payable in the following order: (1) to Fees and AgentLender’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Revolving Loan; (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Revolving Loan; and (4) to all other Obligations including expenses of Lenders to the extent reimbursable under Section 11.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (ii) voluntary prepayments shall be applied in accordance with as determined by Borrowers, subject to the provisions of Section 1.3(a); and (iiiii) mandatory prepayments shall be applied as set forth in Section 1.3(c)) or Section 1.3(b)(iv) as applicable. All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Date, each Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of such Borrower, and each Borrower hereby irrevocably agrees that Agent shall apply any and unless expressly stated otherwise in this Agreement, all such payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; (3) to principal payments on the LoansLoans and any Obligations under any Secured Rate Contract and to provide cash collateral for Letter of Credit Obligations in the manner described in Annex B, ratably in proportion to the outstanding aggregate, combined principal balance of each Loanthe Loans, Obligations under any Secured Rate Contract and outstanding Letter of Credit Obligations; and (4) to all other Obligations Obligations, including expenses of Lenders to the extent reimbursable under Section 11.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments received from or with respect to Obligations of a Borrower consisting of proceeds of Accounts of such Borrower (or in the case of a US Borrower, its Domestic Subsidiaries) received in the ordinary course of business shall be applied, first, to the Swing Line Loan (in the case of the US Borrower) and, second, to the Applicable Borrower’s Revolving Loan; (ii) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (iiiii) voluntary prepayments shall be applied in accordance with as determined by Borrower Representative or UK Borrower, as applicable, subject to the provisions of Section 1.3(a); (iv) mandatory prepayments pursuant to Section 1.3(b)(i) shall be applied as set forth in Section 1.3(b)(i) and (ii) and mandatory prepayments pursuant to Section 1.3(b)(ii) and (iii) mandatory prepayments shall be applied as set forth in Section 1.3(c); (v) prepayments from insurance or condemnation proceeds shall be applied as set forth in Section 1.3(d); and (vi) any other payments by the Applicable Borrower shall be applied to the Revolving Loan, and after the Revolving Loan has been paid in full, to Obligations with respect to Bank Products then due and payable. All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower and unless expressly stated otherwise in this Agreement, payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Loan; and (4) to all other Obligations including expenses of Lenders to the extent reimbursable under Section 11.3.

Application and Allocation of Payments. (a) So long as no Event of Default has occurred and is continuing, (i) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (ii) voluntary prepayments shall be applied in accordance with the provisions of Section 1.3(a); and (iii) mandatory prepayments shall be applied as set forth in Section 1.3(c1.2(a). All payments and prepayments applied Subject to a particular Loan shall be applied ratably to the portion thereof held by each Lender this Section 1.8, as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Date, each Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of such Borrower, and each Borrower hereby irrevocably agrees that Lender shall have the continuing exclusive right to apply any and unless expressly stated otherwise all such payments against the Obligations of Borrowers as Lender may deem advisable notwithstanding any previous entry by Lender in the Loan Account or any other books and records. Subject to this AgreementSection 1.8, in the absence of a specific determination by Lender with respect thereto, payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the LoansRevolving Loan, ratably in proportion to the interest accrued as to each Revolving Loan; (3) to principal payments on the Loans, ratably in proportion to the outstanding principal balance of each Revolving Loan; and (4) to all other Obligations Obligations, including expenses of Lenders Lender to the extent reimbursable under Section 11.311.2.

Application and Allocation of Payments. (a) So long as no Default or Event of Default has occurred and is continuing, (i) payments consisting of proceeds of Accounts received in the ordinary course of business shall be applied, first, to the Swing Line Loan and, second, to the Revolving Loan; provided that payments shall first be applied to any Index Rate Loan and next to any LIBOR Loan, and upon satisfaction in full of all Obligations, to Borrowers or as otherwise required by law; (ii) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (iiiii) voluntary prepayments shall be applied in accordance with as determined by Borrower Representative, subject to the provisions of Section 1.3(a); and (iiiiv) mandatory prepayments shall be applied as set forth in Section Sections 1.3(c) and 1.3(d). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if . In the absence of a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an Event of Default has occurred and is continuing or following the Commitment Termination Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower and unless expressly stated otherwise in this Agreementspecific determination by Agent with respect thereto, payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Swing Line Loan; (3) to principal payments on the Loans, ratably in proportion Swing Line Loan; (4) to interest then due and payable on the Revolving Loan; (5) to the outstanding principal balance of each the Revolving Loan; (6) to any Letter of Credit Obligations to provide cash collateral therefor in the manner set forth in Annex B; (7) to interest on the Term Loan; (8) to the principal balance of the Term Loan; and (49) to all other Obligations Obligations, including expenses of Lenders to the extent reimbursable under Section 11.3.

Application and Allocation of Payments. (a) So long as no Default or Event of Default has occurred and is continuing, (i) payments matching specific scheduled payments then due shall be applied to those scheduled payments; (ii) voluntary prepayments shall be applied in accordance with as determined by Borrower, subject to the provisions of Section 1.3(a); and (iii) mandatory prepayments shall be applied as set forth in Section Sections 1.3(c) and 1.3(d). All payments and prepayments applied to a particular Loan shall be applied ratably to the portion thereof held by each Lender as determined by its applicable Pro Rata Share, except as otherwise provided in Section 1.3(a) and Section 1.3(b) if a Term Lender declines a partial prepayment of the Term Loan. As to any other payment, and as to all payments made when an a Default or Event of or Default has occurred and is continuing or following the Commitment Termination Term Loan B Maturity Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower, and Borrower hereby irrevocably agrees that Agent shall have the continuing exclusive right to apply any and unless expressly stated otherwise all such payments against the Obligations as Agent may deem advisable notwithstanding any previous entry by Agent in this Agreementthe Loan Account or any other books and records. In the absence of a specific determination by Agent with respect thereto, payments shall be applied to amounts then due and payable in the following order: (1) to Fees and Agent’s expenses reimbursable hereunder; (2) to interest on the Loans, ratably in proportion to the interest accrued as to each Loan; (3) to principal payments on the Loans, ratably in proportion to the outstanding aggregate, combined principal balance of each Loanthe Loans; and (4) to all other Obligations including expenses of Lenders to the extent reimbursable under Section 11.3.