Common use of Prospective liabilities Clause in Contracts

Prospective liabilities. Following a Distress Event the Security Agent may, in its discretion: (a) hold any amount of the Recoveries which is in the form of cash, and any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Cash Consideration, in one or more suspense or impersonal accounts in the name of the Security Agent with such financial institution (including itself) as the Security Agent shall think fit (the interest or charges, if any, being credited or deducted to the relevant account); and hold, manage, exploit, collect and realise any amount of the Recoveries which is in the form of Non-Cash Consideration, in each case for so long as the Security Agent shall think fit for later application under Clause 14.1 (Order of application) in respect of: (i) any sum to any Security Agent, any Receiver or any Delegate; and (ii) any part of the Liabilities, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 2 contracts

Samples: Intercreditor Agreement (LumiraDx LTD), Intercreditor Agreement (LumiraDx LTD)

AutoNDA by SimpleDocs

Prospective liabilities. Following a Distress Event the Security Agent may, in its discretion: (a) hold any amount of the Recoveries which is in the form of cash, and any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Cash Consideration, in one or more interest bearing suspense or impersonal accounts in the name of the Security Agent with such financial institution (including itself) as the Security Agent shall think fit (the interest or charges, if any, being credited or deducted to the relevant account); and and (b) hold, manage, exploit, collect and realise any amount of the Recoveries which is in the form of Non-Cash Consideration, in each case for so long as the Security Agent shall think fit for later application under Clause 14.1 15.1 (Order of applicationApplication) in respect of: (i) any sum to any Security Agent, any Receiver or any Delegate; and (ii) any part of the Liabilities, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 1 contract

Samples: Intercreditor Agreement

Prospective liabilities. Following a Distress Event the Security Agent may, in its discretion: (a) hold any amount of the Recoveries which is in the form of cash, and any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Cash Consideration, in one or more interest bearing suspense or impersonal accounts account in the name of the Security Agent with such financial institution (including itself) as the Security Agent shall think fit (the interest or charges, if any, being credited or deducted to the relevant account); and and (b) hold, manage, exploit, collect and realise any amount of the Recoveries which is in the form of Non-Cash Consideration, Consideration in each case for so as long as the Security Agent shall think fit for later application under Clause 14.1 16.1 (Order of application) in respect of: (i) any sum to any Security Agent, any Receiver or any Delegate; and (ii) any part of the Liabilities, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 1 contract

Samples: Intercreditor Agreement

Prospective liabilities. Following the occurrence of a Distress Event the Security Agent may, in its discretion: (a) hold any amount of the Recoveries which is in the form of cash, and any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Cash Consideration, in one or more interest-bearing suspense or impersonal accounts in the name of the Security Agent with such financial institution (including itself) as the Security Agent shall think fit (the interest or charges, if any, being credited or deducted to the relevant account); and and (b) hold, manage, exploit, collect and realise any amount of the Recoveries which is in the form of Non-Cash Consideration, in each case for so long as the Security Agent shall think fit for later application under Clause 14.1 16.1 (Order of application) in respect of: (i) any sum to any Security Agent, any Receiver or any Delegate; and (ii) any part of the Liabilities, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 1 contract

Samples: Intercreditor Agreement

Prospective liabilities. Following the occurrence of a Distress Event Event, the Security Agent may, in its discretion: (a) hold any amount of the Recoveries which is in the form of cash, and any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Cash Consideration, in one or more interest bearing suspense or impersonal accounts account(s) in the name of the Security Agent with such financial institution (including itself) as the Security Agent shall think fit (the interest or charges, if any, being credited or deducted to the relevant account); and and (b) hold, manage, exploit, collect and realise any amount of the Recoveries which is in the form of Non-Cash Consideration, in each case for so long as the Security Agent shall think fit for later application under Clause 14.1 Clause16.1 (Order of application) in respect of: (ic) any sum to any Security Agent, any Receiver or any Delegate; and (iid) any part of the Liabilities, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 1 contract

Samples: Intercreditor Agreement

AutoNDA by SimpleDocs

Prospective liabilities. β€Œ Following a Distress Event the Security Agent may, in its discretion: (a) hold any amount of the Recoveries which is in the form of cash, and any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Non- Cash Consideration, in one or more an interest bearing suspense or impersonal accounts account(s) in the name of the Security Agent with such financial institution (including itself) and for so long as the Security Agent shall think fit (the interest or charges, if any, being credited or deducted to the relevant account); and and (b) hold, manage, exploit, collect and realise any amount of the Recoveries which is in the form of Non-Cash Consideration, in each case for so long as the Security Agent shall think fit for later application under Clause 14.1 16.1 (Order of application) in respect of: (ic) any sum to any Security Agent, any Receiver or any Delegate; and (iid) any part of the Liabilities, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 1 contract

Samples: Intercreditor Agreement

Prospective liabilities. Following a Distress Event the Security Agent may, in its discretion: (a) hold any amount of the any Recoveries (which is in the form of cash, and and/or any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Cash Consideration, ) in one or more any suspense or impersonal accounts account(s) in the name of the Security Agent with such financial institution (including itself) as the Security Agent shall think fit (the interest or chargesinterest, if any, accruing on any such account being credited or deducted to the relevant such account); and and (b) hold, manage, exploit, collect and realise any amount of the any Recoveries which is in the form of Non-Cash Consideration, in each case for so long as the Security Agent shall think fit for later application under Clause 14.1 17.1 (Order of application) in respect of: (i) any sum to any Security Agent, any Receiver or any Delegate; and (ii) any part of the LiabilitiesLiabilities or Secured Obligations, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 1 contract

Samples: Deed of Amendment Agreement (RISE Education Cayman LTD)

Prospective liabilities. Following a Distress Event the Security Agent may, in its discretion: (a) hold any amount of the Recoveries which is in the form of cash, and any cash which is generated by holding, managing, exploiting, collecting, realising or disposing of any Non-Non- Cash Consideration, in one or more interest bearing suspense or impersonal accounts in the name of the Security Agent with such financial institution (including itself) as the Security Agent shall think fit (the interest or charges, if any, being credited or deducted to the relevant account); and and (b) hold, manage, exploit, collect and realise any amount of the Recoveries which is in the form of Non-Cash Consideration, in each case for so long as the Security Agent shall think fit for later application under Clause 14.1 16.1 (Order of application) in respect of: (i) any sum to any Security Agent, any Receiver or any Delegate; and (ii) any part of the Liabilities, that the Security Agent reasonably considers, in each case, might become due or owing at any time in the future.

Appears in 1 contract

Samples: Intercreditor Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!