Right To Retain Payment Received. Notwithstanding anything to the contrary herein, any payment in respect of the Subordinate Liabilities which is not required to be held in trust for the benefit of, or paid over to, the holders of Senior Obligations pursuant to Section 2.5, and which is received by the holders thereof shall become the sole and absolute property of the holders of Subordinate Liabilities and shall not, by virtue of the provisions of this Agreement or otherwise, be subject to any payment over or any distribution to or claim by any holders of Senior Obligations or any other person.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (SoftBrands, Inc.)
Right To Retain Payment Received. Notwithstanding anything to the contrary herein, any payment in respect of the Subordinate Liabilities which is not required to be held in trust for the benefit of, or paid over to, the holders of Senior Obligations pursuant to Section 2.56.05 or Section 6.10, and which is received by the holders thereof Lender shall become the sole and absolute property of the holders of Subordinate Liabilities Lender and shall not, by virtue of the provisions of this Agreement or otherwise, be subject to any payment over or any distribution to or claim by any holders of Senior Obligations or any other person.
Appears in 1 contract
Right To Retain Payment Received. Notwithstanding anything to the contrary herein, any Any payment in respect of the Subordinate Liabilities which is not required to be held in trust for the benefit of, or paid over to, the holders of Senior Obligations pursuant to Section 2.52.3 or Section 2.5 hereof, and which is received by the holders thereof of the Subordinate Liabilities shall become the sole and absolute property of the holders of Subordinate Liabilities and shall not, by virtue of the provisions of this Agreement or otherwise, be subject to any payment over or any distribution to or claim by any holders of Senior Obligations or any other person.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Monitronics International Inc)
Right To Retain Payment Received. Notwithstanding anything to the contrary herein, any Any payment in respect of the Subordinate Liabilities which is not required to be held in trust for the benefit of, or paid over to, the holders of Senior Obligations pursuant to Section 2.3 or Section 2.5, and which is received by the holders thereof of the Subordinate Liabilities shall become the sole and absolute property of the holders of Subordinate Liabilities and shall not, by virtue of the provisions of this Agreement or otherwise, be subject to any payment over or any distribution to or claim by any holders of Senior Obligations or any other person.
Appears in 1 contract
Samples: Intercreditor Agreement (Monitronics International Inc)