Common use of ENTITLEMENT TO PAY EXPENSES AND OUTGOINGS Clause in Contracts

ENTITLEMENT TO PAY EXPENSES AND OUTGOINGS. Subject to the order of priority of payments set out in section 2.16(h) of the Facility Agreement, the Collateral Agent may pay and discharge the expenses incurred (whether by the Collateral Agent, any Receiver or any other person) in and about the carrying on and management of any such business as contemplated by Clause 10.1 (Effects) or in the exercise of any of the powers conferred by Clause 10.1 (Effects) or otherwise in respect of the Charged Property and all outgoings which it shall think fit to pay out of the profits and income of the Charged Property and the moneys received by it in carrying out any business as contemplated by Clause 10.1 (Effects) and may apply the residue of the said profits, income and moneys in the manner provided by section 2.16(h) of the Facility Agreement provided that any such expenses shall, in any event, to the extent not fully paid or discharged, form or shall be deemed to form part of the Secured Indebtedness.

Appears in 2 contracts

Samples: Share Charge (3com Corp), Share Charge (3com Corp)

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ENTITLEMENT TO PAY EXPENSES AND OUTGOINGS. Subject to the order of priority of payments set out in section Section 2.16(h) of the Facility Agreement, the Collateral Agent may pay and discharge the expenses incurred (whether by the Collateral Agent, any Receiver or any other person) in and about the carrying on and management of any such business as contemplated by Clause 10.1 clause 9.1 (Effects) or in the exercise of any of the powers conferred by Clause 10.1 clause 9.1 (Effects) or otherwise in respect of the Charged Property and all outgoings which it shall think fit to pay out of the profits and income of the Charged Property and the moneys received by it in carrying out any business as contemplated by Clause 10.1 clause 9.1 (Effects) and may apply the residue of the said profits, income and moneys in the manner provided by section Section 2.16(h) of the Facility Agreement provided that any such expenses shall, in any event, to the extent not fully paid or discharged, form or shall be deemed to form part of the Secured Indebtedness.

Appears in 1 contract

Samples: Fixed and Floating Charge (3com Corp)

ENTITLEMENT TO PAY EXPENSES AND OUTGOINGS. Subject to the order of priority of payments set out in section 2.16(h) of the Facility Agreement, the Collateral Agent may pay and discharge the expenses incurred (whether by the Collateral Agent, any Receiver or any other person) in and about the carrying on and management of any such business as contemplated by Clause 10.1 (Effects) or in the exercise of any of the powers conferred by Clause 10.1 (Effects) or otherwise in respect of the Charged Mortgaged Property and all outgoings which it shall think fit to pay out of the profits and income of the Charged Mortgaged Property and the moneys received by it in carrying out any business as contemplated by Clause 10.1 (Effects) and may apply the residue of the said profits, income and moneys in the manner provided by section 2.16(h) of the Facility Agreement provided that any such expenses shall, in any event, to the extent not fully paid or discharged, form or shall be deemed to form part of the Secured Indebtedness.

Appears in 1 contract

Samples: Share Mortgage (3com Corp)

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ENTITLEMENT TO PAY EXPENSES AND OUTGOINGS. Subject to the order of priority of payments set out in section 2.16(h) of the Facility Agreement, the Collateral Agent may pay and discharge the expenses incurred (whether by the Collateral Agent, any Receiver or any other person) in and about the carrying on and management of any such business as contemplated by Clause 10.1 11.1 (Effects) or in the exercise of any of the powers conferred by Clause 10.1 11.1 (Effects) or otherwise in respect of the Charged Property and all outgoings which it shall think fit to pay out of the profits and income of the Charged Property and the moneys received by it in carrying out any business as contemplated by Clause 10.1 11.1 (Effects) and may apply the residue of the said profits, income and moneys in the manner provided by section 2.16(h) of the Facility Agreement provided that any such expenses shall, in any event, to the extent not fully paid or discharged, form or shall be deemed to form part of the Secured Indebtedness.

Appears in 1 contract

Samples: Fixed and Floating Charge (3com Corp)

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