Common use of Pro Rata Sharing Clause in Contracts

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the Trustee's security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee shall nonetheless apply the proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified herein. To the extent that the Trustee distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 2 contracts

Samples: Trust Agreement (Federal Mogul Corp), Trust Agreement (Federal Mogul Corp)

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Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the Trustee's Collateral Agent’s security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee Collateral Agent shall nonetheless apply the proceeds Proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified hereinin Section 3.4. To the extent that the Trustee Collateral Agent distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 2 contracts

Samples: Collateral Trust Agreement, Collateral Trust Agreement (Advanced Micro Devices Inc)

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the TrusteeCollateral Agent's security interest hereunder and under the Trust Shared Collateral Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee Collateral Agent shall nonetheless apply the proceeds of the Shared Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified herein. To the extent that the Trustee Collateral Agent distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 2 contracts

Samples: Reimbursement Agreement (SPX Corp), Collateral Agreement (SPX Corp)

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the Trustee's security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee shall nonetheless apply the proceeds Proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified hereinin Section 3.4. To the extent that the Trustee distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Pro Rata Sharing. If, through the operation of any ---------------- bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the TrusteeCollateral Agent's security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee Collateral Agent shall nonetheless apply the proceeds of the Collateral all Proceeds for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified hereinherein and in the Security Deposit Agreement. To the extent that the Trustee distributes Collateral Agent applies Proceeds as set forth in the preceding sentence collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Agency and Intercreditor Agreement (Edison Mission Energy)

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the TrusteeCollateral Agent's security interest hereunder and under the Trust Security Documents Agreement is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee Collateral Agent shall nonetheless apply the proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified hereinin subsection 3.4(a). To the extent that the Trustee Collateral Agent distributes Proceeds collected with respect to Secured Obligations held by one holder (including by way of set-off) to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Collateral Agency Agreement (Cogen Technologies Inc)

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the TrusteeAdministrative Agent's security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee Administrative Agent shall nonetheless apply the proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified herein. To the extent that the Trustee Administrative Agent distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Master Collateral Agreement (Service Merchandise Co Inc)

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Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- --------------------- reorganization, insolvency or other laws or otherwise, the Trustee's security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee shall nonetheless apply the proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified herein. To the extent that the Trustee distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Trust Agreement (Federal Mogul Corp)

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the TrusteeCollateral Agent's security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee Collateral Agent shall nonetheless apply the proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified herein. To the extent that the Trustee Collateral Agent distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Collateral Agency Agreement (Williams Energy Partners L P)

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the TrusteeCollateral Agent's security interest interests hereunder and under the Trust other Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee Collateral Agent shall nonetheless apply the proceeds of the Collateral for the benefit of the holders of all the Secured Obligations which have been enforced in the proportions and subject to the priorities specified hereinherein after giving effect thereto. To the extent that the Trustee Collateral Agent distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Donnelley R H Inc)

Pro Rata Sharing. If, through the operation of any bankruptcy, ---------------------- reorganization, insolvency or other laws or otherwise, the Trustee's ’s security interest hereunder and under the Trust Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Trustee shall nonetheless apply the proceeds Proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions and subject to the priorities specified hereinin Section 3.4. To the extent that the Trustee distributes Proceeds collected with respect to Secured Obligations held by one holder to or on behalf of Secured Obligations held by a second holder, the first holder shall be deemed to have purchased a participation in the Secured Obligations held by the second holder, or shall be subrogated to the rights of the second holder to receive any subsequent payments and distributions made with respect to the portion thereof paid or to be paid by the application of such Proceeds.

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

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