Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by the Borrower towards satisfaction of the Borrower’s obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 2 contracts
Sources: Term Facility Agreement (James Hardie Industries Se), 364 Day Facility Agreement (James Hardie Industries N.V.)
Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by the Borrower towards satisfaction of the Borrower’s 's obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 2 contracts
Sources: 364 Day Facility Agreement (Hardie James Industries Nv), Term Facility Agreement (Hardie James Industries Nv)
Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by the each Borrower towards satisfaction of the Borrower’s obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 2 contracts
Sources: Bullet Facility Agreement (Hardie James Industries Nv), Bullet Facility Agreement (Hardie James Industries Nv)
Application of payments — post-default. If an Event of Default subsists, the Financier may apply amounts paid by [the / each] Borrower towards satisfaction of the Borrower’s obligations under the Financing Documents in the manner it sees fit, unless the Financing Documents expressly provide otherwise. This appropriation overrides any purported appropriation by the Borrower or any other person.
Appears in 1 contract
Sources: Bullet Facility Agreement (James Hardie Industries Se)