Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 10 contracts
Samples: Participation Agreement (Smart & Final Inc/De), Participation Agreement (Veritas Software Corp /De/), Participation Agreement (Shurgard Storage Centers Inc)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantorthe Guarantors, and each Guarantor the Guarantors hereby acknowledges acknowledge and agreesagree, that until such time as the Loans and the Holder Lessor Advances are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments Documents have been released released, any and all Rent (excluding Excepted Payments which shall be payable to each Holder the Lessor or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person Financing Party shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder the Lessor or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 3 contracts
Samples: Fourth Amendment to Certain Operative Agreements (Big Lots Inc), Operative Agreements (Big Lots Inc), Participation Agreement (Big Lots Inc)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans Credit Notes, the Mortgage Notes and the Holder Advances Lessor Advance are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 2 contracts
Samples: Participation Agreement (Convergys Corp), Participation Agreement (Convergys Corp)
Payment of Amounts to the Agent. Each Financing Party Tranche A Lender hereby instructs each Guarantorthe Tranche A Guarantors, and each Guarantor the Tranche A Guarantors hereby acknowledges acknowledge and agreesagree, that until such time as the Tranche A Loans and the Holder Advances are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereofof the Participation Agreement.
Appears in 2 contracts
Samples: Credit Agreement (American Oncology Resources Inc /De/), Credit Agreement (Us Oncology Inc)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each the Guarantor, and each the Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances Fundings are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof10.4 hereof and Section 8 of the Credit Agreement.
Appears in 2 contracts
Samples: Participation Agreement (Capital One Financial Corp), Participation Agreement (Capital One Financial Corp)
Payment of Amounts to the Agent. Each Financing Party benefitted party hereby instructs each the Guarantor, and each the Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 2 contracts
Samples: Participation Agreement (Healthsouth Corp), Participation Agreement (Healthsouth Corp)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each the Guarantor, and each the Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 2 contracts
Samples: Participation Agreement (Sunrise Assisted Living Inc), Participation Agreement (Performance Food Group Co)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances are paid in 32 full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 1 contract
Samples: Participation Agreement (Veritas Software Corp /De/)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that that, until such time as the Loans and the Holder Advances are paid in full and the Liens evidenced by the Pledge Agreement, Security Agreement and the Mortgage Instruments Deed of Trust have been released released, any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 13 hereof. CREDIT AGREEMENT AND TRUST AGREEMENT.
Appears in 1 contract
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent or the Majority Secured Parties may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 1 contract
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans Loan and the Holder Advances Advance are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 1 contract
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released released, any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 1 contract
Samples: Participation Agreement (Pep Boys Manny Moe & Jack)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances Lessor Advance are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released released, any and all Rent (excluding Excepted Payments which shall be payable to each Holder Lessor or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder Lessor or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 1 contract
Samples: Participation Agreement (Pep Boys Manny Moe & Jack)
Payment of Amounts to the Agent. Each Financing Party hereby instructs each Guarantor, and each Guarantor hereby acknowledges and agrees, that until such time as the Loans and the Holder Advances Company Obligations are paid in full and the Liens evidenced by the Security Agreement and the Mortgage Instruments have been released any and all Rent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) and any and all other amounts of any kind or type under any of the Operative Agreements in respect of Company Obligations due and owing or payable to any Person shall instead be paid directly to the Agent (excluding Excepted Payments which shall be payable to each Holder or other Person as appropriate) or as the Agent may direct from time to time for allocation and distribution in accordance with the procedures set forth in Section 8.7 hereof.
Appears in 1 contract