Common use of Certain Proceeds Clause in Contracts

Certain Proceeds. Any and all distributions in property made on or in respect of the Collateral, and any proceeds of the Collateral, whether such distributions, or proceeds result from a subdivision, combination or reclassification of the partnership interests of Assignor or as a result of any merger, consolidation, acquisition or other exchange of assets to which Assignor may be a party, or otherwise, shall be part of the Collateral hereunder, shall, if received by Assignor, be held in trust for the benefit of Agent, and shall forthwith be delivered to Agent (accompanied by proper instruments of assignment and/or stock and/or bond powers executed by Assignor in accordance with Agent's instructions) to be held subject to the terms hereof. Any cash proceeds of Collateral which come into the possession of Agent may, at Agent's option, be applied in whole or in part to the Obligation (to the extent then due), be released in whole or in part to or on the written instructions of Assignor for any general or specific purpose, or be retained in whole or in part by Lenders as additional Collateral.

Appears in 8 contracts

Samples: Assignment of Partnership Interests (Nci Building Systems Inc), Assignment of Partnership Interests (Nci Building Systems Inc), Assignment of Partnership Interests (Nci Building Systems Inc)

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Certain Proceeds. Any and all stock dividends or distributions in property made on or in respect of the Collateral, and any proceeds of the Collateral, whether such dividends, distributions, or proceeds result from a subdivision, combination or reclassification of the partnership interests outstanding capital stock of Assignor Borrower or as a result of any merger, consolidation, acquisition or other exchange of assets to which Assignor Borrower may be a party, or otherwise, shall be part of the Collateral hereunder, shall, if received by AssignorBorrower, be held in trust for the benefit of Agent, and shall forthwith be delivered to Agent (accompanied by proper instruments of assignment and/or stock and/or bond powers executed by Assignor Borrower in accordance with Agent's instructions) to be held subject to the terms hereof. Any cash proceeds of Collateral which come into the possession of Agent may, at Agent's option, be applied in whole or in part to the Obligation (to the extent then due), be released in whole or in part to or on the written instructions of Assignor Borrower for any general or specific purpose, or be retained in whole or in part by Lenders Lender as additional Collateral.

Appears in 6 contracts

Samples: Pledge Agreement (Nci Building Systems Inc), Pledge Agreement (Nci Building Systems Inc), Pledge Agreement (Nci Building Systems Inc)

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