Common use of Application of Insufficient Payments Clause in Contracts

Application of Insufficient Payments. Subject to Section 7.02, if at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay fees, expenses and other amounts then due to the Administrative Agent hereunder, (ii) second, to pay interest, fees and other amounts then due to the Lenders hereunder ratably among the parties entitled thereto in accordance with the amounts of interest, fees and other amounts then due to such parties, and (iii) third, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Application of Insufficient Payments. Subject to Section 7.02, if If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, reimbursements, fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay feesinterest, expenses and other amounts then due to the Administrative Agent hereunder, (ii) second, to pay interestreimbursements, fees and other amounts (except for the amounts required to be paid pursuant to the following clause (ii)) then due to the Lenders hereunder hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest, reimbursements, fees and such other amounts then due to such parties, and (iiiii) thirdsecond, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 2 contracts

Sources: Credit Agreement (Fuelcell Energy Inc), Credit Agreement (Fuelcell Energy Inc)

Application of Insufficient Payments. Subject to Section 7.02, if If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay interest, fees, expenses Prepayment Premium MOIC Amount and other amounts (except for the amounts required to be paid pursuant to the following clause (ii)) then due to the Administrative Agent hereunder, (ii) second, to pay interest, fees and other amounts then due to the Lenders hereunder ratably among the parties entitled thereto in accordance with the amounts of interest, fees and such other amounts then due to such parties, and (iiiii) thirdsecond, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Sources: Note Purchase Agreement (Gauzy Ltd.)

Application of Insufficient Payments. Subject to Section 7.02, if If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, fees and other amounts then due hereunder, such funds shall be applied applied: (i) first, to pay interest, fees, expenses and other amounts (except for the amounts required to be paid pursuant to the following clause (ii)) then due to the Administrative Agent hereunder, (ii) second, to pay interest, fees and other amounts then due to the Lenders hereunder ratably among the parties entitled thereto in accordance with the amounts of interest, fees fees, and such other amounts then due to such parties, ; and (iiiii) thirdsecond, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Tellurian Inc. /De/)

Application of Insufficient Payments. Subject to Section 7.02, if at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay fees, expenses and other amounts then due to the Administrative Agent hereunder, (ii) second, to pay interest, fees and other amounts then due to the Lenders hereunder ratably among the parties entitled thereto in accordance with the amounts of interest, fees and other amounts then due to such parties, and (iii) third, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.. 13

Appears in 1 contract

Sources: Loan Agreement

Application of Insufficient Payments. Subject to Section 7.02, if If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interestprincipal and interest at the Applicable Price, fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay fees, expenses and other amounts then due to the Administrative Agent hereunder, (ii) second, to pay interest, fees and other amounts (except for the amounts required to be paid pursuant to the following clause (ii)) then due to the Lenders hereunder hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest, fees and such other amounts then due to such parties, and (iiiii) thirdsecond, to pay principal the Applicable Price then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Sources: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Application of Insufficient Payments. Subject to Section 7.02, if If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay interest, fees, expenses Prepayment Premium, Minimum Return, Supplemental Note Make-Whole and other amounts (except for the amounts required to be paid pursuant to the following clause (ii)) then due to the Administrative Agent hereunder, (ii) second, to pay interest, fees and other amounts then due to the Lenders hereunder ratably among the parties entitled thereto in accordance with the amounts of interest, fees and such other amounts then due to such parties, and (iiiii) thirdsecond, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Sources: Note Purchase Agreement (Gauzy Ltd.)

Application of Insufficient Payments. Subject to Section 7.02, if If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, interest, fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay interest, fees, expenses Minimum Return and other amounts (except for the amounts required to be paid pursuant to the following clause (ii)) then due to the Administrative Agent hereunder, (ii) second, to pay interest, fees and other amounts then due to the Lenders hereunder ratably among the parties entitled thereto in accordance with the amounts of interest, fees and such other amounts then due to such parties, and (iiiii) thirdsecond, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Sources: Credit Agreement (Gevo, Inc.)

Application of Insufficient Payments. Subject to Section 7.02, if If at any time insufficient funds are received by and available to the Administrative Facility Agent to pay fully all amounts of principal, interest, interest and fees and other amounts then due hereunder, such funds shall be applied (i) first, to pay fees, expenses all fees and other amounts then expenses of the Facility Agent or the Lenders that may be due to by the Administrative Agent hereunder, Borrower or unpaid by the Borrower together with any default interest (including fees and disbursements of legal counsel and other advisors); (ii) second, to pay interest, interest and fees and other amounts then due to the Lenders hereunder hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest, interest and fees and other amounts then due to such parties, and (iii) third, to pay principal then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal then due to such parties.

Appears in 1 contract

Sources: Credit Agreement (Perusahaan Perseroan Persero Pt Telekomunikasi Indonesia TBK)