Proceeds of Collateral; Proceeds Remaining in Account Sample Clauses

Proceeds of Collateral; Proceeds Remaining in Account. (a) All moneys collected by Lender upon any sale or other disposition of the Property (including all moneys realized from the exercise of remedies under the Mortgage), together with all other moneys received by Lender in connection therewith (except as otherwise specified in Section 9.1) and (b) all moneys contained in the Account after an Event of Default or on the Maturity Date (if the Project Loan has not then been repaid in full), or deposited in the Account thereafter (except as otherwise specified in Section 9.1(c)), shall be applied as follows:
AutoNDA by SimpleDocs
Proceeds of Collateral; Proceeds Remaining in Account. All moneys (a) collected by the Trustee (and the Collateral Agent) under the Hanover Guarantee, upon any sale or disposition of the Trust Estate pursuant to Section 17.3 of the Lease (together with all other moneys received by the Trustee thereunder) or pursuant to any other Operative Agreement and (b) contained in the Account on the date of an acceleration of the Securities or on the Stated Maturity (excluding, in the case of any application made pursuant to this Section 7.13 on the Stated Maturity, an amount equal to the aggregate amount of Excess Sale Proceeds or Final Rent Payment deposited in the Account on or prior to such date, which amount shall instead be applied at the Stated Maturity in accordance with Section 8.4(b)(4) or Section 8.4(b)(5), respectively), or deposited in the Account thereafter, shall be applied as follows: First, to the payment of (i) any and all sums advanced by the Trustee in order to preserve the Trust Estate or preserve its security interest therein and (ii) the expenses of retaking, holding, preparing for sale, charter or lease, selling or otherwise disposing or realizing on the Trust Estate, or of any exercise by the Trustee of its rights under the Operative Agreements, together with reasonable attorneys' fees and court costs; Second, to the payment of the amounts then due and unpaid for principal of and interest on the Securities, together with any applicable premiums with respect to the Securities and all other amounts then due the Holders under the Operative Agreements, ratably to all the Holders according to the amounts due and payable on the Securities in respect of principal, interest and any applicable premium and all other amounts due the Holders under the Operative Agreements;
Proceeds of Collateral; Proceeds Remaining in Account. (a) All moneys collected by the Administrative Agent upon any sale or other disposition of the Collateral pursuant to any Security Document, together with all other moneys received by the Administrative Agent thereunder and (b) all moneys contained in the Account on the date of an Acceleration or on the Maturity Date, or deposited in the Account thereafter, shall be applied as follows: First, to the payment of (x) any and all sums advanced by the Administrative Agent in order to preserve the Collateral or preserve its security interest therein and (y) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing or realizing on the Collateral, or of any exercise by the Administrative Agent of its rights under the Security Documents, together with reasonable attorneys' fees and court costs; Second, to the payment of the amounts then due and unpaid for principal of the Tranche B Loans, according to the amounts due and payable on the Tranche B Loans in respect of principal; Third, to the payment of the amounts then due and unpaid for principal of the Tranche A Loans according to the amounts due and payable on the Tranche A Loans in respect of principal;
Proceeds of Collateral; Proceeds Remaining in Account. All moneys collected by the Agent under the Guarantee or upon any sale or other disposition of the Collateral pursuant to any Security Document, together with all other moneys received by the Agent thereunder and (b) all moneys contained in the Account on the date of an Acceleration or on the Maturity Date (excluding, in the case of any application made pursuant to this Section 8.2 on the Maturity Date, an amount equal to the aggregate amount of Excess Sale Proceeds or Maximum Residual Guarantee Amount deposited in the Account on or prior to such date, which amount shall instead be applied on the Maturity Date in accordance with Section 8.1(b)(iv) or Section 8.1(b)(v), respectively), or deposited in the Account thereafter, shall be applied as follows: First, to the payment of (x) any and all sums advanced by the Agent in order to preserve the Collateral or preserve its security interest therein and (y) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing or realizing on the Collateral, or of any exercise by the Agent of its rights under the Security Documents, together with reasonable attorneys' fees and court costs; Second, to the payment of the amounts then due and unpaid for principal of the Tranche B Loans, according to the amounts due and payable on the Tranche B Loans in respect of principal; Third, to the payment of the amounts then due and unpaid for principal of the Tranche A Loans according to the amounts due and payable on the Tranche A Loans in respect of principal; Fourth, to the payment of the amounts then due and unpaid for interest accrued on the Tranche B Loans and the Tranche A Loans, ratably, without preference or priority of any kind, according to the amounts due and payable on the Tranche B Loans and the Tranche A Loans in respect of principal; Fifth, to the payment of an amount equal to the aggregate outstanding Investor Contribution and all amounts then due and payable on account of the Investor Yield; Sixth, to the extent moneys remain after application pursuant to clauses First through Fifth above, to the Lessee or to whomever may be lawfully entitled to receive such surplus.

Related to Proceeds of Collateral; Proceeds Remaining in Account

  • Proceeds of Collateral Borrowers shall request in writing and otherwise take all necessary steps to ensure that all payments on Accounts or otherwise relating to Collateral are made directly to a Dominion Account (or a lockbox relating to a Dominion Account). If any Borrower or Subsidiary receives cash or Payment Items with respect to any Collateral, it shall hold same in trust for Agent and promptly (not later than the next Business Day) deposit same into a Dominion Account.

  • Collection of Accounts, Proceeds of Collateral Each Borrower agrees that all invoices rendered and other requests made by such Borrower for payment in respect of Accounts shall contain a written statement directing payment in respect of such Accounts to be paid to a lockbox established pursuant to subsection 6.2.4. To expedite collection, each Borrower shall endeavor in the first instance to make collection of its Accounts for Agent. All remittances received by each Borrower on account of Accounts, together with the proceeds of any other Collateral, shall be held as Agent's property, for its benefit and the benefit of Lenders, by such Borrower as trustee of an express trust for Agent's benefit and such Borrower shall immediately deposit same in kind in the Dominion Account. Agent retains the right at all times after the occurrence and during the continuance of a Default or an Event of Default to notify Account Debtors that a Borrower's Accounts have been assigned to Agent and to collect such Borrower's Accounts directly in its own name, or in the name of Agent's agent, and to charge the collection costs and expenses, including attorneys' fees, to such Borrower.

  • Distribution of Collateral Proceeds In the event that, following the occurrence and during the continuance of any Event of Default, any monies are received in connection with the enforcement of any of the Loan Documents, or otherwise with respect to the realization upon any of the Collateral or other assets of the Borrower or the Guarantors, such monies shall be distributed for application as follows:

  • Application of Collateral Proceeds The proceeds and/or avails of the Collateral, or any part thereof, and the proceeds and the avails of any remedy hereunder (as well as any other amounts of any kind held by Secured Party at the time of, or received by Secured Party after, the occurrence of an Event of Default) shall be paid to and applied as follows:

  • Control of Collateral Accounts To establish “control” of the Collateral Accounts by the Secured Party under Sections 9-104 and 9-106 of the UCC, the Financial Institution agrees to comply with any order or instruction from the Secured Party directing the deposit, withdrawal, transfer or redemption of the cash or other financial assets credited to a Collateral Account (a “Secured Party Order”) without the need for consent by the Grantor or any other Person.

  • Application of Proceeds of Collateral Notwithstanding anything to the contrary in this Agreement, in the case of any Event of Default under Section 7.1(i), immediately following the occurrence thereof, and in the case of any other Event of Default: (a) upon the termination of the Revolving Credit Aggregate Commitment, (b) the acceleration of any Indebtedness arising under this Agreement, (c) at the Agent’s option, or (d) upon the request of the Majority Lenders after the commencement of any remedies hereunder, the Agent shall apply the proceeds of any Collateral, together with any offsets, voluntary payments by any Credit Party or others and any other sums received or collected in respect of the Indebtedness first, to pay all incurred and unpaid fees and expenses of the Agent under the Loan Documents and any protective advances made by Agent with respect to the Collateral under or pursuant to the terms of any Loan Document, next, to all principal, interest and fees owing under or in connection with the Revolving Credit (including the Swing Line), next to any obligations owing by any Credit Party in respect of any Hedging Obligations on a pro rata basis, next, to any other Indebtedness on a pro rata basis, and then, if there is any excess, to the Credit Parties, as the case may be.

  • Proceeds of Dispositions; Expenses The Debtor shall pay to the Secured Party on demand any and all expenses, including reasonable attorneys' fees and disbursements, incurred or paid by the Secured Party in protecting, preserving or enforcing the Secured Party's rights and remedies under or in respect of any of the Obligations or any of the Collateral. After deducting all of said expenses, the residue of any proceeds of collection or sale or other disposition of the Collateral shall, to the extent actually received in cash, be applied to the payment of the Obligations in such order or preference as the Secured Party may determine, proper allowance and provision being made for any Obligations not then due. Upon the final payment and satisfaction in full of all of the Obligations and after making any payments required by Sections 9-608(a)(1)(C) or 9-615(a)(3) of the Uniform Commercial Code of the State, any excess shall be returned to the Debtor. In the absence of final payment and satisfaction in full of all of the Obligations, the Debtor shall remain liable for any deficiency.

  • Special Collateral Account After an Event of Default has occurred -------------------------- and is continuing, all cash proceeds of the Collateral received by the Agent shall be deposited in a special deposit account with the Agent and held there as security for the Secured Obligations. The Agent shall invest any and all available funds deposited in such special deposit account, within five (5) business days after the date the relevant funds become available, in securities issued as fully guaranteed or insured by the United States Government or any agency thereof backed by the full faith and credit of the United States having maturities of three (3) months from the date of acquisition thereof (collectively, "Government Obligations"). The Assignor hereby acknowledges and agrees that the Agent shall not have any liability with respect to, and the Assignor hereby indemnifies the Agent against, any loss resulting from the acquisition of the Government Obligation and the Agent shall not have any obligation to monitor the trading activity of any such Governmental Obligations on and after the acquisition thereof for the purpose of obtaining the highest possible return with respect thereto, the Agent's responsibility being limited to acquiring such Governmental Obligations.

  • Insurance of Collateral; Condemnation Proceeds Subject to the Intercreditor Agreement, each Obligor shall maintain insurance with respect to the Collateral, covering casualty, hazard, theft, malicious mischief, flood and other risks, in amounts, with endorsements and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent in its reasonable discretion) satisfactory to Agent. Subject to the terms of the Intercreditor Agreement, all proceeds under each policy shall be payable to Agent. From time to time upon request, Obligors shall deliver to Agent copies of its insurance policies and updated flood plain searches. Subject to Section 10.1.13 and except as provided in the Intercreditor Agreement, each policy shall include endorsements satisfactory to Agent (i) showing Agent as lender's loss payee (as its interests may appear in accordance with the Intercreditor Agreement); (ii) requiring 30 days' prior written notice to Agent of cancellation of the policy for any reason whatsoever; and (iii) specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Obligor or the owner of the Property, nor by the occupation of the premises for purposes more hazardous than are permitted by the policy. If any Obligor fails to provide and pay for any insurance, Agent may, in its discretion, procure the insurance and charge Obligors therefor. Each Obligor agrees to deliver to Agent, promptly as rendered, copies of all reports made to insurance companies. While no Event of Default exists, Obligors may settle, adjust or compromise any insurance claim, provided the proceeds are delivered to Agent. If an Event of Default exists, only Agent may settle, adjust and compromise such claims.

  • Asset Dispositions, etc The Borrower will not, and will not permit any of its Subsidiaries to, sell, transfer, contribute or otherwise convey, or grant options, warrants or other rights with respect to, any material asset (including accounts receivable and capital stock of Principal Subsidiaries) to any Person, except:

Time is Money Join Law Insider Premium to draft better contracts faster.