Common use of DISTRIBUTION OF RECEIPTS Clause in Contracts

DISTRIBUTION OF RECEIPTS. All the receipts that the Trustee may receive as a result of proceedings it institutes, if any, against the Company, shall be held by it in trust and shall serve in its hands for the purposes and according to the order of priority as follows: Firstly for the discharge of the expenses, payments, levies and obligations that have been incurred by the Trustee, imposed on it, or caused by virtue or as a result of actions for implementing the trust, or otherwise, or in another connection with the terms and conditions of this deed, including its remuneration (on condition that the Trustee shall not receive double remuneration both from the Company and also from the debenture holders). Secondly – in order to pay holders of the Debentures (Series B) the arrear interest due to them pursuant to the terms and conditions of the Debentures (Series B) and subject to the conditions of linkage contained in the Debentures (Series B) pro rata and proportionately to the amount of interest in arrear which is due to each of them, without any preference or prior right in respect of any of them; thirdly – in order to pay holders of the Debentures (Series B) the amounts of the principal that are due to them in accordance with the Debentures (Series B) held by them, pro rata and subject to the conditions of linkage contained in the Debentures (Series B), whether or not the due date for payment of the amounts of principal have arrived and pro rata to the amounts due to them, without any preference in regard to priority in time of the issue of the Debentures (Series B) by the Company, or otherwise, and the surplus, if there should be such, shall be paid by the Trustee to the Company or to its successors-in-title. Payment of the amounts by the Trustee to holders of the Debentures (Series B) is subject to the rights of other creditors of the Company, if there are such.

Appears in 1 contract

Samples: Blue Square Israel LTD /Adr/

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DISTRIBUTION OF RECEIPTS. All the receipts that will be received by the Trustee may receive in any manner, including, without limitation, as a result of proceedings it institutesmay take, if any, against the Company, shall be held by it in trust and shall serve in its hands for the purposes and following objectives according to the order of priority as followspriorities set forth below: Firstly for the discharge of liquidating the expenses, payments, levies and obligations that have been incurred by undertakings the TrusteeTrustee has incurred, or were imposed on it, or which were caused by virtue due to or as a result of actions for implementing performing the trust, trust or otherwise, or otherwise in another connection with the terms and conditions of this deedDeed, including its remuneration (on condition that the Trustee shall not receive double remuneration both from the Company and also from the debenture holders). Secondly – in order to pay the debenture holders of the Debentures (Series B) the arrear interest due to them pursuant to the terms and conditions of the Debentures (Series B) and subject to the conditions of linkage indexation contained in the Debentures (Series B) pari passu and pro rata and proportionately to the amount of interest in arrear arrears which is due to each of them, without any preference or prior right in respect of for any of them; thirdly – in order to pay the debenture holders of the Debentures (Series B) the amounts of the principal that and/or arrears on principal which are due to them in accordance with the Debentures (Series B) held by them, pro rata pari passu and subject to the conditions of linkage indexation contained in the Debentures (Series B)Debentures, whether or not the due date time for payment of the amounts of principal have has arrived and pro rata to the amounts that are due to them, without any preference in regard to priority connection with the precedence in the time of issue by the issue Company of the Debentures (Series B) by the Company, or otherwise, and the surplusbalance, if there should be suchany, shall be paid by the Trustee to the Company or to its successors-in-title. Payment by the Trustee of the amounts by to the Trustee to debenture holders of the Debentures (Series B) is subject to the rights of other creditors of the Company, if there are such.

Appears in 1 contract

Samples: Deed of Trust (Blue Square Israel LTD /Adr/)

DISTRIBUTION OF RECEIPTS. All the Any receipts that received by the Trustee may receive as a result of proceedings it institutessteps taken, if anyshould they be taken, against the Company, shall be held by it him in trust and shall serve in its hands be used by him for the purposes and according to the following order of priority as followspriorities: Firstly for the discharge First of all to clear the expenses, payments, the payment of the levies and the obligations that have been incurred were borne by the Trustee, imposed on itthat were placed upon him, or were caused by virtue indirectly or as a result of actions taken for implementing the trust, or otherwise, trust or in another connection manner in another context with the terms and conditions of this deed, including its remuneration (on condition that his fees; secondly, for purposes of paying the Trustee shall not receive double remuneration both from the Company and also from the debenture holders). Secondly – in order to pay holders of the Debentures (Series BA) Debenture holders the arrear default interest due to them pursuant which they are entitled according to the terms and conditions of the Debentures (Series BA) Debentures pari passu and subject proportionally to the conditions sum of linkage contained the interest in default to which each one thereof is entitled without any right of preference of one against any others; thirdly, for purposes of paying the Debentures (Series BA) pro rata and proportionately to Debenture holders the amount of interest in arrear which is due to each of them, without any preference or prior right in respect of any of them; thirdly – in order to pay holders of the Debentures (Series B) the amounts sums of the principal that to which they are due entitled according to them in accordance with the Debentures (Series BA) Debentures being held by themthem pari passu which shall be whether the payment date of the principal sums has arrived or not, pro rata and subject proportionally to the conditions of linkage contained in the Debentures (Series B), whether or not the due date for payment of the amounts of principal have arrived and pro rata sums to the amounts due to themwhich they are entitled, without any preference in regard to priority in connection with bringing forward the time of the issue of the Debentures (Series BA) Debentures by the Company, Company or otherwisein another way, and the surplus, if should there should be suchone, the Trustee shall be paid refund to the Company or to those in its stead. The payment of any sums by the Trustee to the Company or to its successors-in-title. Payment of the amounts by the Trustee to holders of the Debentures (Series BA) Debenture holders is subject to the rights of other creditors of the Company’s creditors, if should there are suchbe any.

Appears in 1 contract

Samples: Ampal-American Israel Corp

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DISTRIBUTION OF RECEIPTS. All the receipts that the Trustee may receive as a result of proceedings it institutes, if any, against the Company, shall be held by it in trust and shall serve in its hands for the purposes and according to the order of priority as follows: Firstly for the discharge of the expenses, payments, levies and obligations that have been incurred by the Trustee, imposed on it, or caused by virtue or as a result of actions for implementing the trust, or otherwise, or in another connection with the terms and conditions of this deed, including its remuneration (on condition that the Trustee shall not receive double remuneration both from the Company and also from the debenture holders). Secondly – in order to pay holders of the Debentures (Series BA) the arrear interest due to them pursuant to the terms and conditions of the Debentures (Series BA) and subject to the conditions of linkage contained in the Debentures (Series BA) pro rata and proportionately to the amount of interest in arrear which is due to each of them, without any preference or prior right in respect of any of them; thirdly – in order to pay holders of the Debentures (Series BA) the amounts of the principal that are due to them in accordance with the Debentures (Series BA) held by them, pro rata and subject to the conditions of linkage contained in the Debentures (Series BA), whether or not the due date for payment of the amounts of principal have arrived and pro rata to ratato the amounts due to them, without any preference in regard to priority in time of the issue of the Debentures (Series BA) by the Company, or otherwise, and the surplus, if there should be such, shall be paid by the Trustee to the Company or to its successors-in-title. Payment of the amounts by the Trustee to holders of the Debentures (Series BA) is subject to the rights of other creditors of the Company, if there are such.

Appears in 1 contract

Samples: Blue Square Israel LTD /Adr/

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