Common use of Incorrect Payments Clause in Contracts

Incorrect Payments. If any payment (whether made in cash, securities or other property) not permitted under this Agreement is received by any Subordinated Creditor on account of the Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of the Lenders and shall promptly be paid over to the Lenders, or their respective designated representatives, for application (in accordance with the Purchase Agreement, the Notes or the Permitted Refinancing Loan Documents) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 29 contracts

Samples: Subordination Agreement (Galaxy Energy Corp), Subordination Agreement (Galaxy Energy Corp), Subordination Agreement (Galaxy Energy Corp)

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Incorrect Payments. If any payment (whether made in cash, securities or other property) not permitted under this Agreement is received by any the Subordinated Creditor on account of the Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such the Subordinated Creditor, shall be held in trust by such the Subordinated Creditor for the benefit of the Lenders Buyers and shall promptly be paid over to the Lenders, Collateral Agent or their respective its designated representativesrepresentative, for application (in accordance with the Purchase Agreement, the Notes Note or the Permitted Refinancing Loan Documents) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 3 contracts

Samples: Subordination Agreement (Mru Holdings Inc), Subordination Agreement (Mru Holdings Inc), Subordination Agreement (Mru Holdings Inc)

Incorrect Payments. If any payment (whether made in cash, securities or other propertyProperty) not permitted to be accepted by Subordinated Agent or Subordinated Creditor under this Agreement is received by any Subordinated Agent or the Subordinated Creditor on account of the any Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such Subordinated CreditorPerson, shall be held in trust by such Subordinated Creditor Person for the benefit of the Lenders Senior Agent and Senior Creditors and shall promptly be paid over to the LendersSenior Agent, or their respective its designated representativesrepresentative, for application (in accordance with the Senior Purchase Agreement, the Notes Agreement or the Permitted Refinancing Loan Debt Documents, as the case may be) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (Terremark Worldwide Inc), Subordination and Intercreditor Agreement (Terremark Worldwide Inc)

Incorrect Payments. If any payment (whether made in cash, securities or other property) not permitted under this Agreement is received by any the Subordinated Creditor on account of the Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such the Subordinated Creditor, shall be held in trust by such the Subordinated Creditor for the benefit of the Lenders Purchaser and shall promptly be paid over to the Lenders, Collateral Agent or their respective its designated representativesrepresentative, for application (in accordance with the Purchase Agreement, the Notes Note or the Permitted Refinancing Loan Documents) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 1 contract

Samples: Subordination Agreement (Casita Enterprises, Inc.)

Incorrect Payments. If any payment (whether made in cash, securities or other property) not permitted under this Agreement is received by any Subordinated Creditor on account of the Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of the Lenders Buyers and shall promptly be paid over to the Lenders, Collateral Agent or their respective its designated representativesrepresentative, for application (in accordance with the Purchase Agreement, the Notes or the Permitted Refinancing Loan Documents) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 1 contract

Samples: Subordination Agreement (Sonterra Resources, Inc.)

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Incorrect Payments. If any payment (whether made in cash, securities or other propertyProperty) not permitted to be accepted by Subordinated Creditors under this Agreement is received by any Subordinated Creditor on account of the any Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such Subordinated CreditorPerson, shall be held in trust by such Subordinated Creditor Person for the benefit of the Administrative Agent and Lenders and shall promptly be paid over to the LendersAdministrative Agent, or their respective its designated representativesrepresentative, for application (in accordance with the Purchase Agreement, the Notes Loan Agreement or the Permitted Refinancing Loan Documents, as the case may be) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Carbiz Inc)

Incorrect Payments. If any payment (whether made in cash, securities or other property) not permitted under this Agreement is received by any the Subordinated Creditor Creditors on account of the Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such the Subordinated CreditorCreditors, shall be held in trust by such the Subordinated Creditor Creditors for the benefit of the Lenders Buyers and shall promptly be paid over to the Lenders, Collateral Agent or their respective its designated representativesrepresentative, for application (in accordance with the Purchase Agreement, the Notes Note or the Permitted Refinancing Loan Documents) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 1 contract

Samples: Subordination Agreement (Mru Holdings Inc)

Incorrect Payments. If any payment (whether made in cash, securities or other property) not permitted under this Agreement is received by any Subordinated Creditor on account of the Subordinated Indebtedness before all Senior Indebtedness is Paid in Full, such payment shall not be commingled with any asset of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of the Lenders Buyers and shall promptly be paid over to the Lenders, Collateral Agent or their respective its designated representativesrepresentative, for application (in accordance with the Purchase Agreement, the Notes Note or the Permitted Refinancing Loan Documents) to the payment of the Senior Indebtedness then remaining unpaid, until all of the Senior Indebtedness is Paid in Full.

Appears in 1 contract

Samples: Subordination Agreement (Mru Holdings Inc)

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