Common use of Incorrect Payments Clause in Contracts

Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by any Company or any Subsidiary of any 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 the Senior Agent and the other Senior Lender Parties and shall be promptly paid over to Senior Agent for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid in full or otherwise permitted in writing by the Senior Agent.

Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by any Company or any Subsidiary of any Company an Obligor or accepted by the any Subordinated Creditor under this Agreement is made and received by the such Subordinated Creditor, such Distribution shall not be commingled with any of the assets of the such Subordinated Creditor, shall be deemed to be held in trust by the such Subordinated Creditor for the benefit of the Senior Agent and the other Senior Lender Parties and shall be promptly paid over to the Senior Agent (for the benefit of the Senior Creditor for application (in accordance with pro rata against the outstanding amount of Senior Debt held by the Senior Debt DocumentsCreditor) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid Paid in full or otherwise permitted in writing by the Senior AgentFull.

Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by any Company or any Subsidiary of any the 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 the Senior Agent and the other Senior Lender Parties Creditor and shall be promptly paid over to the Senior Agent Creditor for application (in accordance with pro rata against the outstanding amount of Senior Debt held by the Senior Debt DocumentsCreditor) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid Paid in full or otherwise permitted in writing by the Senior AgentFull.

Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by any Company the Borrower or any Subsidiary of any Company accepted, taken or accepted claimed by the Subordinated Creditor under this Agreement is made and received by the Subordinated Creditor, whether from Borrower or any guarantor, 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 the Senior Administrative Agent and the other Senior Lender Parties Lenders and shall be promptly paid over to Senior Administrative Agent for application (in accordance with the Senior Debt DocumentsLoan Documents ) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid in full or otherwise permitted in writing by the Senior Agentfull.

Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by any Company or any Subsidiary of any Company the Obligors or accepted by the Subordinated Creditor Lender under this Agreement is made and received by the Subordinated CreditorLender, such Distribution shall not be commingled with any of the assets of the Subordinated CreditorLender, shall be held in trust by the Subordinated Creditor Lender or such Subordinated Lender for the benefit of the Senior Agent and the other Senior Lender Parties Lenders and shall be promptly paid over to Senior Agent for application (in accordance with the Senior Debt DocumentsLoan Documents ) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid in full or otherwise permitted in writing by the Senior Agentfull.

Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by any Company or any Subsidiary of any Company Borrower 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 Creditor, as applicable, for the benefit of the Senior Agent and the other Senior Lender Parties Lender, and shall be promptly paid over to Senior Agent Lender in the same form received, together with any necessary endorsements, for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid in full or otherwise permitted in writing by the Senior Agentfull.

Incorrect Payments. If any Distribution on account of the Subordinated Debt not permitted to be made by any Company or any Subsidiary of any the Company or accepted by the any Subordinated Creditor under this Agreement is made and received by the such Subordinated Creditor, such Distribution shall not be commingled with any of the assets of the such Subordinated Creditor, shall be held in trust by the such Subordinated Creditor for the benefit of the Senior Agent and the other Senior Lender Parties Creditors and shall be promptly paid over to the Senior Agent Creditors for application (in accordance with pro rata against the outstanding amount of Senior Debt Documentsheld by each Senior Creditor) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid Paid in full or otherwise permitted in writing by the Senior AgentFull.

Incorrect Payments. If any Distribution payment or distribution on account of the Subordinated Debt not permitted to be made by any Company the Borrower or any Subsidiary of any Company other Obligor or accepted to be received by the Subordinated Creditor under this Agreement is made and received by the Subordinated CreditorCreditor before all Senior Debt is Paid in Full, such Distribution shall not be commingled with any of the assets of the Subordinated Creditor, payment or distribution shall be held in trust by the Subordinated Creditor for the benefit of the all holders of Senior Agent and the other Senior Lender Parties Debt and shall be promptly paid over to Senior Agent the Agent, or its designated representative, for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until the earlier of all of the Senior Debt is paid Paid in full or otherwise permitted in writing by the Senior AgentFull.