Mistaken Payments. If the Security Trustee makes any distribution contrary to any of the provisions of this clause 27 or any distribution made by it otherwise transpires to have been invalid or the Security Trustee and the person receiving such distribution agree that it should be refunded, the recipient shall, to the extent that no charge is thereby created, hold the proceeds of that distribution on trust to repay to the Security Trustee forthwith on demand. If the trust imposed by this clause 28.9 cannot be given effect to for whatever reason, including the possible creation thereby of a charge, the relevant recipient shall, if and when so requested by the Security Trustee, pay an amount equal to the proceeds of that distribution required to be held on trust to the Security Trustee.
Appears in 3 contracts
Samples: Supplemental Agreement (Bell Microproducts Inc), Syndicated Credit Agreement (Bell Microproducts Inc), Syndicated Credit Agreement (Bell Microproducts Inc)
Mistaken Payments. If the Security Trustee makes any distribution contrary to any of the provisions of this clause 27 17 or any distribution made by it otherwise transpires to have been invalid or the Security Trustee and the person receiving such distribution agree that it should be refunded, the recipient shall, to the extent that no charge is thereby created, hold the proceeds of that distribution on trust to repay to the Security Trustee forthwith on demand. If the trust imposed by this clause 28.9 17.9 cannot be given effect to for whatever reason, including the possible creation thereby of a charge, the relevant recipient shall, if and when so requested by the Security Trustee, pay an amount equal to the proceeds of that distribution required to be held on trust to the Security Trustee.
Appears in 2 contracts
Samples: Equitable Mortgage (Ashworth Inc), Equitable Mortgage (Ashworth Inc)
Mistaken Payments. If the Security Trustee makes any distribution contrary to any of the provisions of this clause 27 or any distribution made by it otherwise transpires to have been invalid or the Security Trustee and the person receiving such distribution agree that it should be refunded, the recipient shall, to the extent that no charge is thereby created, hold the proceeds of that distribution on trust to repay to the Security Trustee forthwith on demand. If the trust imposed by this clause Clause 28.9 (Mistaken Payments) cannot be given effect to for whatever reason, including the possible creation thereby of a charge, the relevant recipient shall, if and when so requested by the Security Trustee, pay an amount equal to the proceeds of that distribution required to be held on trust to the Security Trustee.
Appears in 1 contract
Samples: Ninth Supplemental Agreement (Bell Microproducts Inc)
Mistaken Payments. If the Security Trustee makes any distribution contrary to any of the provisions of this clause 27 or any distribution made by it otherwise transpires to have been invalid or the Security Trustee and the person receiving such distribution agree that it should be refunded, the recipient shall, to the extent that no charge is thereby created, hold the proceeds of that distribution on trust to repay to the Security Trustee forthwith on demand. If the trust imposed by this clause 28.9 cannot be given effect to for whatever reason, including the possible creation thereby of a charge, the relevant recipient shall, if and when so requested by 119 the Security Trustee, pay an amount equal to the proceeds of that distribution required to be held on trust to the Security Trustee.
Appears in 1 contract
Samples: Syndicated Credit Agreement (Bell Microproducts Inc)