Common use of Partial payments Clause in Contracts

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this AgreementAgreement and any amount due but unpaid under Clause 7.2 (Claims under a Letter of Credit) and Clause 7.3 (Indemnities); and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any due but unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Parties, Receivers or their respective Delegates under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If Subject to Clause 7.2 (Repayment), if the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an each Obligor under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors that Obligor under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any of its unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any of its accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any of its principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any of its other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of due to the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-sub paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-sub paragraphs (a)(ii) to (iv) above. (c) This Subclause Clause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors that Obligor under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of amount owing to the Administrative Parties Parties, any Receiver or any Delegate under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest interest, fees or fee commission due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount sum due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iva)(iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documentsthis Agreement, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents this Agreement in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance DocumentsParties; (ii) secondly, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; andthe Facilities; (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs (a)(iiii) to (iv) of paragraph (a) above. (c) This Subclause Clause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of due to the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Agents under the Finance Documents; (ii) secondlysecond, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdlythird, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyfourth, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors Borrower under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Agent or the Security Trustee under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest interest, fee or fee commission due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent mustshall, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs clauses (a)(ii) to (iv) above. (c) This Subclause Sub-clauses (a) and (b) above will override any appropriation made by an Obligorthe Borrower.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest interest, fee or fee commission due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Super Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondlysecond, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdlythird, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyfourth, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documentsthis Agreement, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents this Agreement in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance DocumentsParties; (ii) secondlysecond, in or towards payment pro rata of any accrued interest or fee fees due but unpaid under this Agreement; (iii) thirdlythird, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyfourth, in or towards payment pro rata of any other sum due but unpaid under the Finance Documentsthis Agreement. (b) The Facility Agent must, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest interest, fee or fee commission due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Super Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of due to the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Borrower under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors Borrower under the Finance Documents in the following order: (i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Agent and the Lead Arrangers under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent mustshall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligorthe Borrower.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the all Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an any Obligor under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors (or any of them) under the Finance Documents in the following order: (i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent mustshall, if so directed by all the LendersBanks, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an any Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by the Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment that is insufficient to discharge all the amounts then due and payable by an Obligor under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors that Obligor under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Agent, the Coordinators or the Mandated Lead Arrangers under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest interest, fee or fee commission due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent mustshall, if so directed by the Majority Lenders, vary the order set out in sub-paragraphs subparagraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Obligors to the Finance Parties under the Finance Documents, the Facility Agent must shall apply that payment towards the obligations of the Obligors under the Finance Documents in the following order: (i) firstFIRST, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties each Agent under the Finance Documents; (ii) secondlySECONDLY, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdlyTHIRDLY, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthlyFOURTHLY, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent mustshall, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause Paragraphs (a) and (b) above will override any appropriation made by an Obligor.

Partial payments. (a) If the Facility Agent receives a payment insufficient to discharge all the amounts then due and payable by an Obligor the Company under the Finance Documents, the Facility Agent must apply that payment towards the obligations of the Obligors Company under the Finance Documents in the following order: (i) first, in or towards payment pro rata of any unpaid fees, costs and expenses of the Administrative Parties Facility Agent under the Finance Documents; (ii) secondly, in or towards payment pro rata of any accrued interest or fee due but unpaid under this Agreement; (iii) thirdly, in or towards payment pro rata of any principal amount due but unpaid under this Agreement; and (iv) fourthly, in or towards payment pro rata of any other sum due but unpaid under the Finance Documents. (b) The Facility Agent must, if so directed by all the Lenders, vary the order set out in sub-paragraphs (a)(ii) to (iv) above. (c) This Subclause will override any appropriation made by an Obligorthe Company.