Sharing among Secured Liabilities. (a) The Agent and the Lenders hereby agree that upon the foreclosure, sale, set-off or other realization against any of the Collateral which secures the Secured Liabilities (and not securing by its terms just the Indebtedness) (the “Shared Collateral”), the Secured Parties shall share in all of the proceeds of such Shared Collateral on a pari passu basis, ratably according to the Secured Liabilities owing to each Secured Party as specified in the following sentence. Proceeds from realization against such Shared Collateral shall be applied by the Agent as follows:
Appears in 2 contracts
Samples: Loan Agreement (GMX Resources Inc), Loan Agreement (GMX Resources Inc)
Sharing among Secured Liabilities. (a) The Agent and the Lenders Banks hereby agree that upon the foreclosure, sale, set-off or other realization against any of the Collateral which secures the Secured Liabilities (and not securing by its terms just the Indebtedness) (the “Shared Collateral”), the Secured Parties shall share in all of the proceeds of such Shared Collateral on a pari passu basis, ratably according to the Secured Liabilities owing to each Secured Party as specified in the following sentence. Proceeds from realization against such Shared Collateral shall be applied by the Agent as follows:
Appears in 2 contracts
Samples: Loan Agreement (GMX Resources Inc), Loan Agreement (GMX Resources Inc)
Sharing among Secured Liabilities. (a) The Agent and the Lenders Banks hereby agree that upon the foreclosure, sale, set-off or other realization against any of the Collateral which secures the Secured Liabilities (and not securing by its terms just the Indebtedness) (the “"Shared Collateral”"), the Secured Parties shall share in all of the proceeds of such Shared Collateral on a pari passu basis, ratably according to the Secured Liabilities owing to each Secured Party as specified in the following sentence. Proceeds from realization against such Shared Collateral shall be applied by the Agent as follows:
Appears in 2 contracts
Samples: Credit Agreement (Evergreen Resources Inc), Loan Agreement (GMX Resources Inc)
Sharing among Secured Liabilities. (a) The Agent and the Lenders Banks hereby agree that upon the foreclosure, sale, set-off or other realization against any of the Collateral which secures the Secured Liabilities (and not securing by its terms just the Indebtedness) (the “"Shared Collateral”"), the Secured Parties shall share in all of the proceeds of such Shared Collateral on a pari passu PARI PASSU basis, ratably according to the Secured Liabilities owing to each Secured Party as specified in the following sentence. Proceeds from realization against such Shared Collateral shall be applied by the Agent as follows:
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