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Common use of Application of Receipts Clause in Contracts

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 3 contracts

Samples: Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 39.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 2 contracts

Samples: Loan Agreement (Ardmore Shipping Corp), Loan Agreement (Ardmore Shipping Corp)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 33 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 37.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 14.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 33.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 2 contracts

Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 34 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 14.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 34.6 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 1 contract

Samples: Term Loan Facility (Ardmore Shipping Corp)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 33 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 36.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 14.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 33.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 1 contract

Samples: Term Loan Facility (Ardmore Shipping Corp)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 25 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 28.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 14.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 25.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 1 contract

Samples: Term Loan Facility (DryShips Inc.)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 33 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 36.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 14.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 33.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 1 contract

Samples: Term Loan Facility (Ardmore Shipping Corp)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 1 contract

Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)

Application of Receipts. (a) Except as expressly stated to the contrary in any Finance Document, any moneys which the Security Agent receives or recovers and which are, or are attributable to, Security Property (for the purposes of this Clause 35 31 (The Security Agent), the "Recoveries") shall be transferred to the Facility Agent for application in accordance with Clause 38.5 34.5 (Application of receipts; partial payments). (b) Paragraph (a) above is without prejudice to the rights of the Security Agent, each Receiver and each Delegate: (i) under Clause 16.6 14.5 (Indemnity to the Security Agent) to be indemnified out of the Charged Property; and (ii) under any Finance Document to credit any moneys received or recovered by it to any suspense account. (c) Any transfer by the Security Agent to the Facility Agent in accordance with paragraph (a) above shall be a good discharge, to the extent of that payment, by the Security Agent. (d) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) of this Clause 35.4 31.4 (Application of receipts) in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.

Appears in 1 contract

Samples: Term Loan Facility (Star Bulk Carriers Corp.)