Common use of Proceeds to be Turned Over To Agent Clause in Contracts

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requested). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.04.

Appears in 3 contracts

Samples: First Lien Security Agreement (Hovnanian Enterprises Inc), First Lien Security Agreement (Hovnanian Enterprises Inc), First Lien Security Agreement (Hovnanian Enterprises Inc)

AutoNDA by SimpleDocs

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 6.1 hereof with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash equivalent items shall be held by such Grantor in trust for Agent (for the Agent and benefit of the Secured Parties), segregated from other funds of such Grantor, and shall, upon written request of Agent, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account collateral account maintained under its sole dominion and control. All such Proceeds Proceeds, while held by Agent (for the Agent benefit of the Secured Parties) in a Collateral Account any collateral account (or by such Grantor in trust for Agent (for the Agent and benefit of the Secured Parties)) established pursuant hereto, shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.5 hereof.

Appears in 3 contracts

Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Aerie Pharmaceuticals Inc), Guaranty and Security Agreement (Aerie Pharmaceuticals Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, Cash Equivalents, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent (or the ABL Administrative Agent in accordance with the ABL Intercreditor Agreement) in the exact form received by such Grantor (duly indorsed endorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.4.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Staples Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, Cash Equivalents, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed endorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.4.

Appears in 2 contracts

Samples: Trademark Security Agreement (Gogo Inc.), Credit Agreement (Engility Holdings, Inc.)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties Lenders specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured PartiesLenders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requested). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured PartiesLenders) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.4.

Appears in 2 contracts

Samples: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties Lenders specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured PartiesLenders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requested). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured PartiesLenders) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.4.

Appears in 2 contracts

Samples: Credit Agreement (Hovnanian Enterprises Inc), Security Agreement (Hovnanian Enterprises Inc)

Proceeds to be Turned Over To Agent. (a) In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items Instruments shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, upon the request of the Agent, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.5.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Trans Energy Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 5.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, Cash Equivalents, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed endorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.045.4.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, cash equivalents, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, at the request of the Agent, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed endorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.5.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Harland Financial Solutions, Inc.)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requested). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.4.

Appears in 1 contract

Samples: Security Agreement (Hovnanian Enterprises Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties Creditors specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items Instruments shall be held by such Grantor in trust for the Agent and the Secured PartiesCreditors, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured PartiesCreditors) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.5.

Appears in 1 contract

Samples: Credit Agreement (Hanger, Inc.)

AutoNDA by SimpleDocs

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties Lenders specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from of the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured PartiesLenders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured PartiesLenders) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.5.

Appears in 1 contract

Samples: Credit Agreement (Big City Radio Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties Lenders specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash equivalent items shall be held by such Grantor in trust for the Agent and the Secured PartiesLenders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account collateral account maintained under its sole dominion and control. All such Proceeds Proceeds, while held by the Agent in a Collateral Account any collateral account (or by such Grantor in trust for the Agent and the Secured PartiesLenders) established pursuant hereto, shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.5.

Appears in 1 contract

Samples: And Collateral Agreement (American Coin Merchandising Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from continuing and the AgentAgent has instructed any Grantor to do so, all Proceeds received by any such Grantor consisting of cash, Cash Equivalents, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent substantially in the exact form received by such Grantor (duly indorsed endorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.4.

Appears in 1 contract

Samples: Credit Agreement (Silicon Graphics International Corp)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties Holders specified in Section 6.01 5.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured PartiesHolders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed by such Grantor to the Agent, if requestedrequired to enable the Agent to transfer title to such Proceeds). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured PartiesHolders) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.045.5.

Appears in 1 contract

Samples: Security Agreement (Cardiac Science Inc)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Note Secured Parties specified in Section 6.01 5.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, Cash Equivalents, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Note Secured Parties, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed endorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Note Secured Parties) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.045.4.

Appears in 1 contract

Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties Lenders specified in Section 6.01 6.1 with respect to payments of Receivables, if an Event of Default shall occur and be continuing, upon written request from the Agent, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items shall be held by such Grantor in trust for the Agent and the Secured PartiesLenders, segregated from other funds of such Grantor, and shall, forthwith upon receipt by such GrantorGuarantor, be turned over to the Agent in the exact form received by such Grantor Guarantor (duly indorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and the Secured PartiesLenders) shall continue to be held as collateral security for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.046.4.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Polo Ralph Lauren Corp)

Proceeds to be Turned Over To Agent. In addition to the rights of the Agent and the Secured Parties specified in Section 6.01 5.01 with respect to payments of Receivables, if an Event of a Default shall occur have occurred and be continuing, upon written request from continuing and Agent shall so notify the AgentGrantor in question, all Proceeds received by any Grantor consisting of cash, checks and other near-cash items collections thereon shall be held by such Grantor in trust for the Agent and benefit of the Secured Parties, segregated from other funds of such Grantor, and shall, forthwith (and in any event within one (1) Business Day) upon receipt by such Grantor, be turned over to the Agent in the exact form received by such Grantor (duly indorsed endorsed by such Grantor to the Agent, if requestedrequired). All Proceeds received by the Agent hereunder shall be held by the Agent in a Collateral Account maintained under its sole dominion and control. All such Proceeds Proceeds, while held by the Agent in a Collateral Account (or by such Grantor in trust for the Agent and benefit of the Secured Parties) ), shall continue to be held as collateral security Collateral for all the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 6.045.05.

Appears in 1 contract

Samples: Security Agreement (Fiesta Restaurant Group, Inc.)

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