Constructive Trust. By accepting benefits (whether the payment of such benefits is made to the Covered Person or made on behalf of the Covered Person to any provider) from the Company, the Covered Person agrees that if he or she receives any payment from any Responsible Party as a result of an injury, illness, or condition, he or she will serve as a constructive trustee over the funds that constitute such payment. Failure to hold such funds in trust will be deemed a breach of the Covered Person's fiduciary duty to the Company and the Plan, and will give the Company rights to recover equitable and money damages from the Covered Person.
Constructive Trust. 17 7.6 Application of Proceeds of Collateral . . . . . . . . . . . . . . .18 7.7
Constructive Trust. Borrower shall receive, as the sole and exclusive property of Bank, and as trustee for Bank, all monies, checks, notes, drafts and all other payment for and/or proceeds of Collateral which come into the possession or under the control of Borrower (or any of its shareholders, directors, officers, employees, representatives or those Persons acting for or in concert with Borrower) and immediately upon receipt thereof, Borrower shall remit the same (or cause the same to be remitted), in kind, to Bank.
Constructive Trust. Landlord covenants that all sums paid by Tenant to Landlord and intended for payment by Landlord to a third party (such as, by way of example, taxes and certain elements of CAM Charges) are given to Landlord in trust and shall be applied only for such third-party payments, as and when due or to reimburse Landlord for payment of same.
Constructive Trust. The proceeds of any sale made by any Shareholder without compliance with the provisions of this Article III, Section 3 and 4 shall be deemed to be held in constructive trust in such amount as would have been due to the Holders if such Shareholder had complied with such Sections.
Constructive Trust. In the event that any Person included in the definition of DTCG (other than a Borrower) and/or any Affiliate of any Person included in the definition of DTCG receives and/or takes title to or beneficial ownership of any Motor Vehicle or Inventory that would be deemed Collateral if such title or beneficial ownership was held by a Borrower, then Borrowers shall cause such Person to receive and hold the same in trust, for the benefit of Car Sales, and immediately assign the same to Car Sales, and such Motor Vehicle or Inventory shall be deemed Collateral hereunder.
Constructive Trust. The proceeds of any sale made by the University or Centene without compliance with the provisions of this Section 3 shall be deemed to be held in constructive trust in such amount as would have been due to the other party if the University or Centene, as the case may be, had complied with this Agreement.
Constructive Trust. If, due to omission or commission by either party, or disability of either party prior to implementation and satisfaction of the entire terms of this Judgment of Separate Maintenance, the other party does not receive an asset or other benefit that he or she was intended to receive under the terms of this Judgment of Separate Maintenance, the person or entity that receives or holds that asset or benefit shall do so in a constructive trust for the benefit of the party who was the intended recipient of that asset or benefit under this Judgment. The parties intend that this clause be binding on their estates, heirs and assigns.
Constructive Trust. If Synbiotics makes any payment on account ------------------ of any obligations under this Note in contravention of the subordination provisions described in this Section 3, such payment shall be held by the Holder of the obligations under this Note for the benefit of, and shall be paid forthwith over and delivered to, Synbiotics for application to the payment of all Senior Debt remaining unpaid to the extent necessary to pay all Senior Debt in full in accordance with the terms of such Senior Debt.
Constructive Trust. If any payment or distribution of any character or any security, whether in cash, securities or other property (including any securities of the Company or any other Person provided for by a plan of reorganization or readjustment the payment of which is subordinate, at least to the extent provided in this Article 7. with respect to the Notes, to the payment of all Senior Debt at the time outstanding and to any securities issued in respect thereof under any such plan of reorganization or readjustment), shall be received from or on behalf of the Company, or from any of its properties or any other source, including pursuant to a judgment, by any holder of any Note on account of such Note in contravention of any of the terms hereof, including without limitation the prohibitions on payments contained in Sections 7.3., 7.5. and 7.6. hereof, and before all the Senior Debt shall have been paid in full, or provision for such payment has been made, such payment or distribution or security shall be received in trust for the benefit of, and shall be paid over or delivered and transferred to, the holders of the Senior Debt at the time outstanding in accordance with the priorities then existing among such holders for application to the payment of all Senior Debt remaining unpaid, to the extent necessary to pay all such Senior Debt in full. In the event of a failure of any holder of any Note to endorse or assign any such payment, distribution or security, each holder of Senior Debt is hereby irrevocably authorized to endorse or assign the same.