Common use of Pro Rata Sharing Clause in Contracts

Pro Rata Sharing. If, through the operation of any Bankruptcy Law or otherwise, the Collateral Trustee’s security interest hereunder and under the Security Documents is enforced with respect to some, but not all, of the Secured Obligations then outstanding, the Collateral Trustee shall nonetheless apply the proceeds of the Collateral for the benefit of the holders of all Secured Obligations in the proportions specified herein; provided, however, that nothing in this subsection 3.7 shall be deemed to require the Collateral Trustee to disregard or violate any court order binding upon it.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Blockbuster Inc), Collateral Trust Agreement (Blockbuster Inc)

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Pro Rata Sharing. If, through the operation of any Bankruptcy Law or otherwise, the Collateral 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, such Secured Obligations for which the Collateral Trustee security interest is not enforced shall nonetheless apply the proceeds of the Collateral not be considered Secured Obligations hereunder for the benefit purposes of the holders of all subsection 3.4; provided, however, that such Secured Obligations in shall be considered Secured Obligations hereunder for the proportions specified hereinpurposes of subsection 8.1(p) and subsection 8.2(p); providedprovided further, however, that nothing in this subsection 3.7 shall be deemed to require the Collateral Trustee to disregard or violate any court order binding upon it.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (Istar Financial Inc)

Pro Rata Sharing. If, through the operation of any Bankruptcy Law or otherwise, the Collateral 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 Collateral 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; providedprovided that, however, that nothing in this subsection Section 3.7 shall be deemed to require the Collateral Trustee to disregard or violate any court order binding upon it.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Tesla Motors Inc)

Pro Rata Sharing. If, through the operation of any Bankruptcy Law or otherwise, the Collateral 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 Collateral 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; provided, however, that nothing in this subsection 3.7 shall be deemed to require the Collateral Trustee to disregard or violate any court order binding upon it.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (T-Mobile US, Inc.)

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Pro Rata Sharing. If, through the operation of any Bankruptcy Law or otherwise, the Collateral 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 Collateral 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; provided, however, that nothing in this subsection Section 3.7 shall be deemed to require the Collateral Trustee to disregard or violate any court order binding upon it.

Appears in 1 contract

Samples: Credit Agreement (General Motors Co)

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