Common use of Amounts contingently due Clause in Contracts

Amounts contingently due. If the Security Agent enforces the security ------------------------ constituted by this Deed (whether by the appointment of a Receiver or otherwise) at a time when no amounts are due to it (but at a time when amounts may become so due), the Security Agent (or such Receiver) may pay the proceeds of any recoveries effected by it into an interest-bearing suspense account with any person (including the Security Agent) selected by the Security Agent and on terms selected by the Security Agent until the relevant amounts become actually due and payable or the Security Agent determines that they will never become actually due and payable. At that time the amount actually owing may be paid to the Security Agent and the balance distributed in accordance with Clause 11.1 (Order of Application). Until such time the Security Agent (or such Receiver) may (subject to the payment of any claims having priority to this security) withdraw amounts standing to the credit of any such suspense account in order to pay the amounts referred to in paragraphs (a) and (b) of Clause 11.1 (Order of Application). The Company will not be entitled to withdraw any monies (including interest) standing to the credit of any such suspense account until all the Secured Indebtedness has been irrevocably paid and discharged in full.

Appears in 2 contracts

Samples: Facility Agreement (Hawker Pacific Aerospace), Security Agreement (Hawker Pacific Aerospace)

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Amounts contingently due. If the Security Agent enforces the security ------------------------ constituted by this Deed (whether by the appointment of a Receiver or otherwise) at a time when no amounts are due to it (but at a time when amounts may become so due), the Security Agent (or such Receiver) may pay the proceeds of any recoveries effected by it into an interest-bearing suspense account with any person (including the Security Agent) selected by the Security Agent and on terms selected by the Security Agent until the relevant amounts become actually due and payable or the Security Agent determines that they will never become actually due and payable. At that time the amount actually owing may be paid to the Security Agent and the balance distributed in accordance with Clause 11.1 9.1 (Order of Application). Until such time the Security Agent (or such Receiver) may (subject to the payment of any claims having priority to this security) withdraw amounts standing to the credit of any such suspense account in order to pay the amounts referred to in paragraphs (a) and (b) of Clause 11.1 9.1 (Order of Application). The Company Obligors will not be entitled to withdraw any monies (including interest) standing to the credit of any such suspense account until all the Secured Indebtedness has been irrevocably paid and discharged in full.

Appears in 2 contracts

Samples: Security Agreement (Hawker Pacific Aerospace), Facility Agreement (Hawker Pacific Aerospace)

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