Right to Make Advances. In the event an advance of funds shall at any time be required for the preservation or maintenance of any Collateral, the Collateral Trustee or any Senior Lender shall be entitled to make such advance after notice to AWNA of its intention to do so but without notice to any other Secured Party. Each such advance shall be reimbursed, with interest accrued from the date such advance was made at the rate set forth in Section 2.13(c) of the Credit Agreement ("Default Rate"), by AWNA upon demand by the Collateral Trustee or such Lender, and if AWNA fails to comply with any such demand, out of the proceeds of any Collateral distributed pursuant to clause First of Section 4.01. In the event any Secured Party shall receive any funds which, under this Section 2.04, belong to the Collateral Trustee or any other Secured Party, such Secured Party shall remit such funds promptly to the Collateral Trustee for distribution to the Collateral Trustee or such other Secured Party, as the case may be, and prior to such remittance shall hold such funds in trust for the Collateral Trustee or such other Secured Party, as the case may be.
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Samples: Collateral Trust Agreement (Allied Waste Industries Inc)
Right to Make Advances. In the event an advance of funds shall at any time be required for the preservation or maintenance of any Collateral, the Collateral Trustee or any Senior Lender shall be entitled to make such advance after notice to AWNA of its intention to do so but without notice to any other Secured Party. Each such advance shall be reimbursed, with interest accrued from the date such advance was made at the rate set forth in Section 2.13(c) of the Credit Agreement (the "Default Rate"), by AWNA upon demand by the Collateral Trustee or such Lender, and if AWNA fails to comply with any such demand, out of the proceeds of any Collateral distributed pursuant to clause First FIRST of Section 4.01. In the event any Secured Party shall receive any funds which, under this Section 2.04, belong to the Collateral Trustee or any other Secured Party, such Secured Party shall remit such funds promptly to the Collateral Trustee for distribution to the Collateral Trustee or such other Secured Party, as the case may be, and prior to such remittance shall hold such funds in trust for the Collateral Trustee or such other Secured Party, as the case may be.
Appears in 1 contract
Samples: Collateral Trust Agreement (Allied Waste North America Inc/De/)
Right to Make Advances. In the event an advance of funds shall at any time be required in the reasonable judgment of the Administrative Agent for the preservation or maintenance of any Collateral, any Credit Agreement Secured Party, with the Collateral Trustee or any Senior Lender consent of the Administrative Agent (or, if the Requisite Secured Parties shall have assumed the right and authority of the Administrative Agent as contemplated by Section 3.03(b), with the consent of the Requisite Secured Parties), shall be entitled to make such advance after reasonable notice to AWNA the Borrower of its intention to do so but without notice to any other Secured Party. Each such advance shall be reimbursedrepaid, with interest accrued from the date such advance was made at the rate set forth in Section 2.13(c) of the Credit Agreement ("applicable Default Rate"), by AWNA the Borrower upon demand by the Collateral Trustee Administrative Agent and in any event, whether or not such Lender, and if AWNA fails to comply with any such demanddemand shall have been made, out of the proceeds of any Collateral distributed pursuant to clause First of Section 4.01. In the event any Secured Party shall receive any funds which, under this Section 2.043.04, belong to the Collateral Trustee or any other Secured Party, such Secured Party shall remit such funds promptly to the Collateral Trustee for distribution to the Collateral Trustee or such other Secured Party, as the case may be, and prior to such remittance shall hold such funds in trust for the Collateral Trustee or such other Secured Party, as the case may be.
Appears in 1 contract
Samples: Intercreditor and Collateral Trust Agreement (Panamsat Corp /New/)
Right to Make Advances. In the event an advance of funds shall at any time be required in the reasonable judgment of the Administrative Agent or the Majority Noteholders for the preservation or maintenance of any Collateral, the Collateral Trustee or any Senior Lender Secured Party shall be entitled to make such advance after reasonable notice to AWNA the Borrower of its intention to do so but without notice to any other Secured Party. Each such advance shall be reimbursedrepaid, with interest accrued from the date such advance was made at the rate set forth in Section 2.13(c) of the Credit Agreement ("applicable Default Rate"), by AWNA the Borrower upon demand by the Collateral Trustee Secured Party that made such advance and in any event, whether or not such Lender, and if AWNA fails to comply with any such demanddemand shall have been made, out of the proceeds of any Collateral distributed pursuant to clause First of Section 4.01. In the event the Collateral Trustee or any Secured Party shall receive any funds which, under this Section 2.043.04, belong to the Collateral Trustee or any other Secured Party, such Secured Party shall remit such funds promptly to the Collateral Trustee for distribution to the Collateral Trustee or such other Secured Party, as the case may be, Party and prior to such remittance shall hold such funds in trust for the Collateral Trustee or such other Secured Party, as the case may be.. Intercreditor and Collateral Trust Agreement
Appears in 1 contract
Samples: Intercreditor and Collateral Trust Agreement (Westwood One Inc /De/)