Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders for application to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid in Full.
Appears in 5 contracts
Samples: Subordination Agreement (Kahn Jonathan Efrem), Subordination Agreement (Kahn Jonathan Efrem), Subordination Agreement (Agritech Worldwide, Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt Loan not permitted to be made by the Company Borrower or accepted by Subordinated Creditor Lender under this Agreement is made to and received by Subordinated CreditorLender, such Distribution shall not be commingled with any of the assets of Subordinated CreditorLender, shall be held in trust by Subordinated Creditor Lender for the benefit of Agent and Senior Lenders and shall be promptly paid over to the Senior Lenders for application in accordance with the Senior Loan Documents to the payment of the Senior Debt Loans then remaining unpaid, until all of the Senior Debt is Loans are Paid in Full.
Appears in 4 contracts
Samples: Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.), Facility Agreement (Neos Therapeutics, Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be is made by the Company Companies or accepted by any Subordinated Creditor under in violation of this Agreement is made and received by Subordinated CreditorAgreement, such Distribution shall not be commingled with any of the assets of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 4 contracts
Samples: Subordination and Intercreditor Agreement (PNG Ventures Inc), Subordination and Intercreditor Agreement (Earth Biofuels Inc), Subordination and Intercreditor Agreement (Earth Biofuels Inc)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the a Company or accepted by the Subordinated Creditor under this Agreement is made and received by the Subordinated Creditor, such Distribution shall not be commingled with any of the assets of the Subordinated Creditor, shall be held in trust by the Subordinated Creditor for the benefit of Agent and Senior Lenders Secured Parties and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 4 contracts
Samples: Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp), Subordination and Intercreditor Agreement (Telos Corp)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid in Full.
Appears in 2 contracts
Samples: Subordination Agreement, Subordination Agreement (Agritech Worldwide, Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company any Credit Party or accepted by Subordinated Creditor Lender under this Agreement is made and received by Subordinated CreditorLender, such Distribution shall not be commingled with any of the assets of Subordinated CreditorLender, shall be held in trust by Subordinated Creditor Lender for the benefit of Agent and Senior Lenders Lenders, and shall be promptly paid over to Agent for the benefit of Senior Lenders for application in accordance with the Senior Loan Documents to the payment of the Senior Debt Loans then remaining unpaid, until all of the Senior Debt is Loans are Paid in Full.
Appears in 2 contracts
Samples: Subordination Agreement, Subordination Agreement (Staffing 360 Solutions, Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders Lender and shall be promptly paid over to Senior Lenders Lender for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Prospect Global Resources Inc.), Subordination and Intercreditor Agreement (Prospect Global Resources Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the a Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 2 contracts
Samples: Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be is made by the Company or accepted by any Subordinated Creditor under in violation of this Agreement is made and received by Subordinated CreditorAgreement, such Distribution shall not be commingled with any of the assets of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (PNG Ventures Inc), Subordination and Intercreditor Agreement (Sandell Asset Management Corp)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the either Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 2 contracts
Samples: Subordination Agreement (Akorn Inc), Subordination Agreement (Akorn Inc)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company a Loan Party or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior the Lenders and shall be promptly paid over to Senior Lenders Agent for application in accordance with the Senior Loan Documents to the payment of the Senior Debt Loan then remaining unpaid, unpaid until all of the Senior Debt is Paid in FullTermination Date.
Appears in 1 contract
Samples: Subordination Agreement (Interhealth Facility Transport, Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the a Company or accepted by a Subordinated Creditor under this Agreement is made and knowingly received by any Subordinated Creditor, such Distribution shall not be commingled with any of the assets of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of Agent and Senior Lenders Secured Parties and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 1 contract
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated CreditorAgreement, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Full.full. 2.6
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (United Mortgage Trust)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the either Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Administrative Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Administrative Agent for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Akorn Inc)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by a Subordinated Creditor under this Agreement is made and received by such Subordinated Creditor, such Distribution shall not be commingled with any of the assets of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid in FullIndefeasibly Paid.
Appears in 1 contract
Samples: Loan Agreement (Keystone Consolidated Industries Inc)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company any Obligor or accepted by the Subordinated Creditor under this Agreement is made and received by the Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of the Senior Agent and the other Senior Lenders Creditors and shall be promptly paid over to the Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt Obligations then remaining unpaid, until all of the Senior Debt is Paid in Obligations are Paid-In-Full.
Appears in 1 contract
Samples: Subordination Agreement (Allis Chalmers Energy Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated Creditor, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents ) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 1 contract
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by any Subordinated Creditor under this Agreement is made and received by any Subordinated Creditor, such Distribution shall not be commingled with any of the assets of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of Agent and Senior Lenders Secured Parties and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Streamline Health Solutions Inc.)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by Subordinated Creditor under this Agreement is made and received by Subordinated CreditorAgreement, such Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by Subordinated Creditor for the benefit of Agent and Senior Lenders and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (United Mortgage Trust)
Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by the Company or accepted by any Subordinated Creditor under this Agreement is made and received by any Subordinated Creditor, such Distribution shall not be commingled with any of the assets of such Subordinated Creditor, shall be held in trust by such Subordinated Creditor for the benefit of Agent and Senior Lenders Secured Parties and shall be promptly paid over to Senior Lenders Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull. 2.6.
Appears in 1 contract
