Participant’s Share. The Participation Interest shall entitle Participant to receive 80% of all remaining Loan Proceeds after payment of the items set forth in Section 3.03(a), until the later to occur of (i) the receipt by Participant of the Recovery Threshold Amount, after aggregating the proceeds received by Participant from the sale of the LLC Interest (before deducting any fees due to advisers or any amounts deposited by Participant into the LIP Account), and the proceeds received by Participant from Participant’s share of Loan Proceeds, and the proceeds received by Participant from the Final LIP Distribution Amount and, (ii) the date that is one (1) year after the Effective Date and, thereafter (automatically and without any action on the part of any Person), the Participation Interest shall entitle Participant to 60% of all remaining Loan Proceeds (such percentage share, the “Participant’s Share”). Upon the later to occur of (x) the receipt by Participant of the Recovery Threshold Amount and (y) the date that is one (1) year after the Effective Date, unless the Recovery Threshold Amount is achieved as a result of a single sale of the remaining Loans and Acquired Collateral following a Clean-Up Call, Participant shall submit its Participation Certificate to the Company for replacement and the Company shall issue a new Participation Certificate to Participant evidencing the change in Participant’s Share from 80% to 60%.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement
Participant’s Share. The Participation Interest shall entitle Participant to receive 80% of all remaining Loan Proceeds after payment reimbursement of Company Advances and Working Capital Advances, as and to the items set forth in extent permitted by Section 3.03(a)3.03, and after funding of any Liquidity Reserve and any Litigation Reserve, as and to the extent permitted by Section 4.03, until the later to occur of (i) the receipt by Participant of the Recovery Threshold Amount, after aggregating the proceeds received by Participant from the sale of the LLC Interest (before deducting any fees due to advisers or any amounts deposited by Participant into the LIP Accountadvisers), and the proceeds received by Participant from Participant’s share of Loan Proceeds, and the proceeds received by Participant from the Final LIP Distribution Amount Proceeds and, (ii) the date that is one (1) year after the Effective Date and, Date; and thereafter (automatically and without any action on the part of any Person), the Participation Interest shall entitle Participant to 60% of all remaining Loan Proceeds (such percentage share, the “Participant’s Share”). Upon the later to occur of (x) the receipt by Participant of the Recovery Threshold Amount and (y) the date that is one (1) year after the Effective Date,, unless the Recovery Threshold Amount is achieved that event occurs as a result of a single sale of the remaining Loans and Acquired Collateral following a Clean-Up Call, Participant shall submit its Participation Certificate to the Company for replacement and the Company shall issue a new Participation Certificate to Participant evidencing the change in Participant’s Share from 80% to 60%.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement
Participant’s Share. The Participation Interest shall entitle the Participant to receive 80% of all remaining Loan Proceeds Proceeds, after payment of the items set forth in Section 3.03(a)3.04, until the later to occur of (i) the receipt by the Participant of the Recovery Threshold Amount, after aggregating the proceeds received by the Participant from the sale of the LLC Interest (before deducting any fees due to advisers or any amounts deposited advisers), the proceeds received by the Participant into from the Final LIP Account)Distribution Amount, and the proceeds received by the Participant from the Participant’s share of Loan Proceeds, Proceeds and the proceeds received by Participant from the Final LIP Distribution Amount and, (ii) the date that is one (1) year after the Effective Closing Date and, thereafter (automatically and without any action on the part of any Person), the Participation Interest shall entitle the Participant to 60% of all remaining Loan Proceeds (such percentage share, the “Participant’s Share”; and the balance, the “Company’s Share”). Upon the later to occur of (x) the receipt by the Participant of the Recovery Threshold Amount and (y) the date that is one (1) year after the Effective Closing Date, unless the Recovery Threshold Amount is achieved as a result of a single sale of the remaining Loans and Acquired Collateral following a Clean-Up Call, the Participant shall submit its Participation Certificate to the Company for replacement replacement, and the Company shall issue a new Participation Certificate to the Participant evidencing the change in the Participant’s Share from 80% to 60%.
Appears in 2 contracts
Samples: Participation and Servicing Agreement, Participation and Servicing Agreement