Payments Over to the Obligors. If any payment or distribution to which any Obligor would otherwise have been entitled but for the provisions of Section 3, Section 4, or Section 5 shall have been applied pursuant to the provisions of Section 3, Section 4, or Section 5 to the payment of all amounts payable under the Senior Debt, such Obligor shall be entitled to receive from Agent or any Lender or Bank Product Provider, as the case may be, any payments or distributions received by such Person in excess of the amount sufficient to pay in full in cash all amounts payable under or in respect of the Senior Debt. If any such excess payment is made to Agent or any Lender or Bank Product Provider, such Person shall promptly remit such excess to such Obligor and until so remitted shall hold such excess payment for the benefit of such Obligor.
Appears in 2 contracts
Samples: Intercompany Subordination Agreement (SMART Modular Technologies (DE), Inc.), Intercompany Subordination Agreement (SMART Modular Technologies (WWH), Inc.)
Payments Over to the Obligors. If any payment or distribution to which any Obligor would otherwise have been entitled but for the provisions of Section 3, Section 4, or Section 5 shall have been applied pursuant to the provisions of Section 3, Section 4, or Section 5 to the payment of all amounts payable under the Senior Debt, such Obligor shall be entitled to receive from Agent or any Lender or Bank Product Provider, as the case may be, Lenders any payments or distributions received by such Person Agent or the Lenders in excess of the amount sufficient to pay in full in cash all amounts payable under or in respect of the Senior Debt. If any such excess payment is made to Agent or any Lender the Lenders, Agent or Bank Product Provider, such Person the Lenders shall promptly remit such excess to such Obligor and until so remitted shall hold such excess payment for the benefit of such Obligor.
Appears in 2 contracts
Samples: Intercompany Subordination Agreement (Oasis Interval Ownership, LLC), Intercompany Subordination Agreement (155 East Tropicana, LLC)
Payments Over to the Obligors. If any payment or distribution to which any Obligor would otherwise have been entitled but for the provisions of Section 3, Section 4, or Section 5 shall have been applied pursuant to the provisions of Section 3, Section 4, or Section 5 to the payment of all amounts payable under the Senior Debt, such Obligor shall be entitled to receive from Agent the Agents or any Lender or Bank Product Provider, as the case may be, Lenders any payments or distributions received by such Person the Agents or the Lenders in excess of the amount sufficient to pay in full in cash all amounts payable under or in respect of cause the Senior DebtDebt to be Paid in Full. If any such excess payment is made to Agent the Agents or any Lender the Lenders, the Agents or Bank Product Providerthe Lenders, such Person as the case may be, shall promptly remit such excess to such Obligor and until so remitted shall hold such excess payment for the benefit of such Obligor.
Appears in 1 contract
Samples: Subordination Agreement (Global Geophysical Services Inc)
Payments Over to the Obligors. If any payment or distribution to which any Obligor would otherwise have been entitled but for the provisions of Section 3, Section 4, or Section 5 shall have been applied pursuant to the provisions of Section 3, Section 4, or Section 5 to the payment of all amounts payable under the Senior Debt, such Obligor shall be entitled to receive from the Agent or any Lender or Bank Product Provider, as and the case may be, Lenders any payments or distributions received by such Person the Agent and the Lenders in excess of the amount sufficient to pay in full in cash all amounts payable under or in respect of the Senior Debt. If any such excess payment is made to the Agent or any Lender or Bank Product Providerand the Lenders, such Person the Agent and the Lenders shall promptly remit such excess to such Obligor and until so remitted shall hold such excess payment for the benefit of such Obligor.
Appears in 1 contract
Samples: Intercompany Subordination Agreement (Composite Technology Corp)
Payments Over to the Obligors. If any payment or distribution to which any Obligor would otherwise have been entitled but for the provisions of Section 3, Section 4, or Section 5 shall have been applied pursuant to the provisions of Section 3, Section 4, or Section 5 to the payment of all amounts payable under the Senior Debt, such Obligor shall be entitled to receive from Agent or any Lender or Bank Product ProviderLender, as the case may be, any payments or distributions received by such Person in excess of the amount sufficient to pay in full in cash all amounts payable under or in respect of the Senior Debt. If any such excess payment is made to Agent or any Lender or Bank Product ProviderLender, such Person shall promptly remit such excess to such Obligor and until so remitted shall hold such excess payment for the benefit of such Obligor.
Appears in 1 contract
Samples: Intercompany Subordination Agreement (New York & Company, Inc.)
Payments Over to the Obligors. If any payment or distribution to which any Obligor would otherwise have been entitled but for the provisions of Section 2, 3, Section 4, or Section 5 shall have been applied pursuant to the provisions of Section 2, 3, Section 4, or Section 5 to the payment of all amounts payable under the Senior Debt, such Obligor shall be entitled to receive from Agent or any Lender or Bank Product Provider, as the case may be, Lenders any payments or distributions received by such Person Agent or the Lenders in excess of the amount sufficient to pay in full in cash all amounts payable under or in respect of the Senior Debt. If any such excess payment is made to Agent or any Lender the Lenders, Agent or Bank Product Provider, such Person the Lenders shall promptly remit such excess to such Obligor and until so remitted shall hold such excess payment for the benefit of such Obligor.
Appears in 1 contract
Samples: Intercompany Subordination Agreement (Jack Cooper Logistics, LLC)