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FIFTHLY Sample Clauses

FIFTHLY in payment of the surplus (if any) to the relevant Obligor or any other person entitled to it.
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FIFTHLY any surplus shall be paid to the Borrowers or to any other person appearing to be entitled to it.
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Finance Document or the Master Agreement but which the Lender, by notice to the Borrower and the Security Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 16.1(a), 16.1(b), 16.1(c) and 16.1(d); and
FIFTHLY following the occurrence of an Event of Default, in retention of an amount equal to any amount not then due and payable under any Finance Document but which the Lender, by notice to the Borrower and the Security Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of this Clause; and
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Master Agreement but which the relevant Swap Bank by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of paragraph (d) Clause 17.1 (Normal order of application); and
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Finance Document but which the Agent, by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 17.1(a), 17.1(b), 17.1(c) and 17.1(d); and
FIFTHLY once the Indebtedness has been repaid to the Lender, to the full satisfaction to the Lender, then any balances shall be paid to the Borrower.
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FIFTHLY in payment to the Junior Mortgagee for application by the Junior Mortgagee in or towards satisfaction of all moneys owing under the Guarantee and the Junior Mortgage Documents;
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Master Agreement which relates to a Designated Transactions but which the Agent, by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 17.1(d); and
FIFTHLY if no Obligor has any further actual or contingent liability under the Finance Documents and no member of the Group has any further actual or contingent liability under the documentation relating to the Secured Permitted Facilities, in payment to the extent necessary to any person the Agent is obliged to pay in priority to the member of the Group otherwise entitled to such sum; and
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