Common use of FAILURE OF DEBENTURE Clause in Contracts

FAILURE OF DEBENTURE. In the event that the Debenture is not, at any time, effective or is not in full force and effect in respect of any Charged Account, each Facility Company will (unless otherwise directed by Burdale and without prejudice to Burdale's rights and remedies under the Finance Documents), for so long as the Debenture is ineffective or not in full force and effect and ending on the date when all of its liabilities under the Finance Documents have been repaid or discharged in full and Burdale is under no further obligation under any of the Finance Documents, collect as agent and trustee for Burdale all Receivables which would otherwise have been payable into a Blocked Account and immediately pay (or procure the payment of) all amounts due in respect of those Receivables directly to such bank account of Burdale as it may specify for this purpose.

Appears in 2 contracts

Samples: Facility Agreement (Atchison Casting Corp), Facility Agreement (Haynes International Inc)

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FAILURE OF DEBENTURE. In the event that the Debenture in respect of any Account Bank is not, at any time, effective or is not in full force and effect in respect of any Charged Accounteffect, each Facility the Company will (unless otherwise directed by Burdale and without prejudice to Burdale's rights and remedies under the Finance Documents), for so long as the Debenture is ineffective or not in full force and effect and ending on the date when all the liabilities of its liabilities the Company under the Finance Documents have been repaid or discharged in full and Burdale is under no further obligation under any of the Finance Documents, collect as agent and trustee for Burdale all Receivables which would otherwise have been payable into a the Blocked Account Accounts and immediately pay (or procure the payment of) all amounts due in respect of those Receivables directly to such bank account of Burdale as it may specify for this purposeinto the Payment Account.

Appears in 1 contract

Samples: Facility Agreement (Geologistics Corp)

FAILURE OF DEBENTURE. In the event that the Debenture is not, at any time, effective or is not in full force and effect in respect of any Charged Account, each Facility Company will (unless otherwise directed by Burdale and without prejudice to Burdale's ’s rights and remedies under the Finance Documents), for so long as the Debenture is ineffective or not in full force and effect and ending on the date when all of its liabilities under the Finance Documents have been repaid or discharged in full and Burdale is under no further obligation under any of the Finance Documents, collect as agent and trustee for Burdale all Receivables which would otherwise have been payable into a Blocked Account and immediately pay (or procure the payment of) all amounts due in respect of those Receivables directly to such bank account of Burdale as it may specify for this purpose.

Appears in 1 contract

Samples: Facility Agreement (Haynes International Inc)

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FAILURE OF DEBENTURE. In the event that the Debenture in respect of any Account Bank is not, at any time, effective or is not in full force and effect in respect of any Charged Accounteffect, each Facility the Company will (unless otherwise directed by Burdale and without prejudice to Burdale's ’s rights and remedies under the Finance Documents), for so long as the Debenture is ineffective or not in full force and effect and ending on the date when all the liabilities of its liabilities the Company under the Finance Documents have been repaid or discharged in full and Burdale is under no further obligation under any of the Finance Documents, collect as agent and trustee for Burdale all Receivables which would otherwise have been payable into a the Blocked Account Accounts and immediately pay (or procure the payment of) all amounts due in respect of those Receivables directly to such bank account of Burdale as it may specify for this purposeinto the Payment Account.

Appears in 1 contract

Samples: Agreement (Geologistics Corp)

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