Common use of Liquidation Recapitalization Etc Clause in Contracts

Liquidation Recapitalization Etc. 4.1. Distributions Paid to Collateral Agent. Any sums or other property paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in 'SS'8, be paid over and delivered to the Collateral Agent to be held by the Collateral Agent, for the benefit of the Secured Parties, as security for the payment and performance in full of all of the Secured Obligations. In case, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Collateral Agent, for the benefit of the Secured Parties, to be held by it as security for the Secured Obligations. Except to the limited extent provided in 'SS'8, all sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by any Company shall, until paid or delivered to the Collateral Agent, be held in trust for the Collateral Agent, for the benefit of the Secured Parties, as security for the payment and performance in full of all of the Secured Obligations.

Appears in 1 contract

Samples: Pledge Agreement (Quaker Fabric Corp /De/)

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Liquidation Recapitalization Etc. 4.1. Distributions Paid to Collateral Agent. Any sums or other property (including, without limitation, any shares of the capital stock of any issuer, including the Company, or any securities exchangeable for or convertible into shares of such capital stock) paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in 'SS'8Section6, be paid over and delivered to the Collateral Agent Company to be held by the Collateral AgentCompany, for pursuant to the benefit terms of the Secured Partiesthis Agreement, as security for the payment and performance in full of all of the Secured Obligations. In casethe event that, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Collateral Agent, for the benefit of the Secured Parties, Company to be held by it as security for the Secured Obligations. Except to the limited extent provided in 'SS'8Section6, all sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by any Company the Pledgor shall, until paid or delivered to the Collateral AgentCompany, be held in trust for the Collateral Agent, for the benefit of the Secured Parties, Company as security for the payment and performance in full of all of the Secured Obligations.

Appears in 1 contract

Samples: Stock Pledge Agreement (Cubist Pharmaceuticals Inc)

Liquidation Recapitalization Etc. 4.1. Distributions Paid to Collateral Agent. Any sums or other property paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in 'SS'8, shall be paid over and delivered to the Collateral Agent Lender to be held by the Collateral Agent, for the benefit of the Secured Parties, Lender as security for the payment and performance in full of all of the Secured ObligationsLiabilities and shall be applied in reduction of the Liabilities in accordance with the terms and conditions of the Credit Agreement. In case, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Collateral Agent, for the benefit of the Secured Parties, Lender to be held by it Lender as security for the Secured Obligationspayment and performance in full of all of the Liabilities and shall be applied in reduction of the Liabilities in accordance with the terms and conditions of the Credit Agreement. Except to the limited extent provided in 'SS'8, all All sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by any the Company shall, until paid or delivered to the Collateral AgentLender, be held in trust for the Collateral Agent, for the benefit of the Secured Parties, Lender as security for the payment and performance in full of all of the Secured ObligationsLiabilities.

Appears in 1 contract

Samples: Stock Pledge Agreement (Microfluidics International Corp)

Liquidation Recapitalization Etc. 4.1. Distributions Paid to Collateral Agent. Any sums or other property (including, without limitation, any shares of the capital stock of any issuer, including the Company, or any securities exchangeable for or convertible into shares of such capital stock) paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in 'SS'8Section 6, be paid over and delivered to the Collateral Agent Company to be held by the Collateral AgentCompany, for pursuant to the benefit terms of the Secured Partiesthis Agreement, as security for the payment and performance in full of all of the Secured Obligations. In casethe event that, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Collateral Agent, for the benefit of the Secured Parties, Company to be held by it as security for the Secured Obligations. Except to the limited extent provided in 'SS'8Section 6, all sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by any Company the Pledgor shall, until paid or delivered to the Collateral AgentCompany, be held in trust for the Collateral Agent, for the benefit of the Secured Parties, Company as security for the payment and performance in full of all of the Secured Obligations.

Appears in 1 contract

Samples: Stock Pledge Agreement (Cubist Pharmaceuticals Inc)

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Liquidation Recapitalization Etc. 4.1. Distributions Paid to Collateral Agent. Any sums or other property (including, without limitation, any shares of the capital stock of any issuer, including the Company, or any securities exchangeable for or convertible into shares of such capital stock) paid or distributed upon or with respect to any of the Stock, whether by dividend or redemption or upon the liquidation or dissolution of the issuer thereof or otherwise, shall, except to the limited extent provided in 'SS'8Section 6, be paid over and delivered to the Collateral Agent Company to be held by the Collateral AgentCompany, for pursuant to the benefit terms of the Secured Partiesthis Agreement, as security for the payment and performance in full of all of the Secured Obligations. In casethe event that, pursuant to the recapitalization or reclassification of the capital of the issuer thereof or pursuant to the reorganization thereof, any distribution of capital shall be made on or in respect of any of the Stock or any property shall be distributed upon or with respect to any of the Stock, the property so distributed shall be delivered to the Collateral Agent, for the benefit of the Secured Parties, Company to be held by it as security for the Secured Obligations. Except to the limited extent provided in 'SS'8Section 6, all sums of money and property paid or distributed in respect of the Stock, whether as a dividend or upon such a liquidation, dissolution, recapitalization or reclassification or otherwise, that are received by any Company the Pledgor 3 -3- shall, until paid or delivered to the Collateral AgentCompany, be held in trust for the Collateral Agent, for the benefit of the Secured Parties, Company as security for the payment and performance in full of all of the Secured Obligations.

Appears in 1 contract

Samples: Stock Pledge Agreement (Biomatrix Inc)

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