Common use of Application of Proceeds of Realization Clause in Contracts

Application of Proceeds of Realization. Notwithstanding any other provision of this Agreement, the Proceeds of Realization of the Security or any portion thereof shall be distributed in the following order: (a) first, in payment of all costs and expenses incurred by the Agent and the Lenders in connection with such realization, including legal, accounting and receivers' fees and disbursements; (b) second, against the remaining Obligations (except those referred to in paragraph (c) below), on a pari passu basis among the Lenders to whom such Obligations are payable; (c) third, to pay any Obligations owed to Non-Funding Lenders, on a pari passu basis among the Non-Funding Lenders to whom such Obligations are payable; and (d) fourth, if all obligations of the Borrower listed above have been paid and satisfied in full, any surplus Proceeds of Realization shall be paid in accordance with Applicable Law.

Appears in 10 contracts

Samples: Credit Agreement (Village Farms International, Inc.), Credit Agreement (Aurora Cannabis Inc), Credit Agreement (Organigram Holdings Inc.)

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Application of Proceeds of Realization. Notwithstanding any other provision of this Agreement, the Proceeds of Realization of the Security or any portion thereof shall be distributed in the following order: (a) first, in payment of all costs and expenses incurred by the Agent and the Lenders in connection with such realization, including legal, accounting and receivers' fees and disbursements; (b) second, against the remaining Obligations (except those referred to in paragraph (c) below), on a pari passu basis among the Lenders to whom such Obligations are payable; (c) third, to pay any Obligations owed to Non-Funding Lenders, on a pari passu basis among the Non-Funding Lenders to whom such Obligations are payable; and (d) fourth, if all obligations of the Borrower Borrowers listed above have been paid and satisfied in full, any surplus Proceeds of Realization shall be paid in accordance with Applicable Law.

Appears in 2 contracts

Samples: Credit Agreement (Tucows Inc /Pa/), Credit Agreement (Tucows Inc /Pa/)

Application of Proceeds of Realization. Notwithstanding any other provision of this Agreement, the Proceeds of Realization of the Security or any portion thereof shall be distributed in the following order: (a) first, in payment of all costs and expenses incurred by the Agent and the Lenders in connection with such realization, including legal, accounting and receivers' fees and disbursements; (b) second, against the remaining Obligations (except those referred to in paragraph (c) below), on a pari passu basis among the Lenders to whom such Obligations are payable; (c) third, to pay any Obligations owed to Non-Funding Lenders, on a pari passu basis among the Non-Non- Funding Lenders to whom such Obligations are payable; and (d) fourth, if all obligations of the Borrower listed above have been paid and satisfied in full, any surplus Proceeds of Realization shall be paid in accordance with Applicable Law.

Appears in 2 contracts

Samples: Credit Agreement (Village Farms International, Inc.), Credit Agreement (Village Farms International, Inc.)

Application of Proceeds of Realization. Notwithstanding any other provision of this Agreement, the Proceeds of Realization of the Security or any portion thereof shall be distributed in the following order: (a) first, in payment of all costs and expenses incurred by the Agent and the Lenders in connection with such realization, including legal, accounting and receivers' ’ fees and disbursements; (b) second, against the remaining Obligations (except those referred to in paragraph (c) below), on a pari passu basis among the Lenders to whom such Obligations are payable; (c) third, to pay any Obligations owed to Non-Funding Lenders, on a pari passu basis among the Non-Funding Lenders to whom such Obligations are payable; and (d) fourth, if all obligations of the Borrower listed above have been paid and satisfied in full, any surplus Proceeds of Realization shall be paid in accordance with Applicable Law.

Appears in 1 contract

Samples: Fourth Amended and Restated Credit Agreement (Village Farms International, Inc.)

Application of Proceeds of Realization. Notwithstanding any other provision of this Agreement, the Proceeds of Realization of the Security or any portion thereof shall be distributed in the following order: (a) first, in payment of all costs and expenses incurred by the Agent and the Lenders in connection with such realization, including legal, accounting Professional Advisors and receivers' fees and disbursements; (b) second, against the remaining Obligations (except those referred to in paragraph (c) below), on a pari passu basis among the Lenders to whom such Obligations are payable; (c) third, to pay any Obligations owed to Non-Funding Lenders, on a pari passu basis among the Non-Funding Lenders to whom such Obligations are payable; and (d) fourth, if all obligations of the Borrower listed above have been paid and satisfied in full, any surplus Proceeds of Realization shall be paid in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Aurora Cannabis Inc)

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Application of Proceeds of Realization. Notwithstanding any other provision of this Agreement, the Proceeds of Realization of the Security or any portion thereof shall be distributed in the following order: (a) first, in payment of all costs and expenses incurred by the Agent and the Lenders in connection with such realization, including legal, accounting and receivers' ’ fees and disbursements; (b) second, against the remaining Obligations (except those referred to in paragraph (c) below), on a pari passu basis among the Lenders to whom such Obligations are payable; (c) third, to pay any Obligations owed to Non-Funding Lenders, on a pari passu basis among the Non-Non- Funding Lenders to whom such Obligations are payable; and (d) fourth, if all obligations of the Borrower listed above have been paid and satisfied in full, any surplus Proceeds of Realization shall be paid in accordance with Applicable Law.

Appears in 1 contract

Samples: Third Amended and Restated Credit Agreement (Village Farms International, Inc.)

Application of Proceeds of Realization. Notwithstanding any other provision of this Agreement, the Proceeds of Realization of the Security or any portion thereof shall be distributed in the following order: (a) first, in payment of all costs and expenses incurred by the Agent and the Lenders in connection with such realization, including legal, accounting accounting, Professional Advisors and receivers' fees and disbursements; (b) second, against the remaining Obligations (except those referred to in paragraph (c) below), on a pari passu basis among the Lenders to whom such Obligations are payable; (c) third, to pay any Obligations owed to Non-Funding Lenders, on a pari passu basis among the Non-Funding Lenders to whom such Obligations are payable; and (d) fourth, if all obligations of the Borrower listed above have been paid and satisfied in full, any surplus Proceeds of Realization shall be paid in accordance with Applicable Law.

Appears in 1 contract

Samples: Credit Agreement (Organigram Holdings Inc.)

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