Sharing of Proceeds. If, despite the provisions of this Agreement, any Secured Party shall receive any payment or other recovery in excess of its portion of payments on account of the Secured Obligations to which it is then entitled in accordance with this Agreement, such Secured Party shall hold such payment or recovery in trust for the benefit of all Secured Parties for distribution in accordance with Section 11.1.
Sharing of Proceeds. (a) Subject to the remaining provisions of this Section 3.2, if a Swap Counterparty obtains any payments (other than scheduled payments on any Obligations, in each case received in the ordinary course either (i) prior to such Swap Counterparty’s receipt of written notice from another Swap Counterparty that an Event of Default or Termination Event has occurred and is continuing under which Accredited is the Defaulting Party or the Affected Party (as such terms are used in the Swaps) or (ii) after such Event of Default no longer shall be continuing) or proceeds of the Collateral, from Accredited with respect to any of the Obligations, including from the exercise of any setoff rights (hereinafter called a “Sharing Payment”), such Swap Counterparty shall either (i) promptly cause such amounts to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition and distribution in accordance with Section 3.1 hereof or (ii) if such Swap Counterparty has not promptly complied with subclause (i) next above, promptly purchase from the remaining Swap Counterparties participations in the Obligations owing to the remaining Swap Counterparties and shall make such other adjustments from time to time as shall be equitable (herein, the purchase of such participations or the making of such other adjustments being called “Sharing Adjustments”) to the end that all Swap Counterparties shall share the benefit of such Sharing Payment pro rata in accordance with the respective outstanding principal amount of Obligations then owing to each Swap Counterparty.
(b) If, during the course of, or pursuant to, any bankruptcy, insolvency, reorganization, receivership, dissolution or similar proceeding or the assignment for the benefit of creditors or any other marshalling of assets (a “Bankruptcy Proceeding”) of Accredited, a Swap Counterparty (the “Returning Swap Counterparty”) is required by a court or other tribunal of competent jurisdiction, pursuant to Section 547 of the Bankruptcy Code or an analogous provision of other applicable law, to disgorge, refund, rebate or otherwise return any payment received for which there has been a distribution under Section 3.1 hereof to such Returning Swap Counterparty with respect to the Obligations (a “Disputed Payment”) to any trustee presiding over such Bankruptcy Proceeding or to any other person or entity, the other Swap Counterparty shall promptly pay to the Returning Swap Counterparty its respective pro ra...
Sharing of Proceeds. The proceeds received through enforcement of the liens and security interests granted and provided for in the Security Documents shall be shared among the Holders as follows:
(a) First, to the payment of any outstanding costs and expenses (including attorneys’ fees) incurred by any of the Holders in enforcing such liens and security interests and in protecting and collecting the proceeds of the Collateral (“Foreclosure Costs”), to the extent such foreclosure costs have not theretofore been reimbursed; and
(b) Second, to the payment of the unpaid principal and interest balance of the Notes, pro rata in accordance with the then outstanding principal amounts of, and accrued interest on, the Notes then outstanding at the time of any such determination.
Sharing of Proceeds. If Baylor licenses rights to a Released Product as and to the extent permitted under this Section 3.6, Kuur and Baylor shall share the amounts received by Baylor under such license: (i) with [*]_____________ to Kuur and [*]___________ to Baylor until the amounts received by Kuur under this Section 3.6 equal Kuur’s payments under the Development Plan and disbursed in accordance with the Development Budget for such Released Product, and (ii) thereafter, with [*]______________ to Baylor and [*]_____________ to Kuur.
Sharing of Proceeds. If Baylor licenses rights to a Released Product as and to the extent permitted under this Section 3.6, Cell Medica and Baylor shall share the amounts received by Baylor under such license: (i) [*] until the amounts received by Cell Medica under this Section 3.6 equal Cell Medica’s payments under the Development Plan and disbursed in accordance with the Development Budget for such Released Product, and (ii) thereafter, with [*].
Sharing of Proceeds. The proceeds from any license, partnership or asset sale entered into pursuant to Section 4.2.8.2 shall be shared between the Parties according to the Profit Share Percentage after each Party recovers its reasonable transactions costs associated therewith.
Sharing of Proceeds. The proceeds of the Liquidation of any assets of the Borrower conducted by any Party and (subject to the provisions of Section 5, below) and the proceeds of any insurance on assets of the Borrower shall be distributed to the extent available in the following order: First: to the "Senior Party" (as defined in Section 5 below), all actual and reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by any Senior Party in connection with the subject Liquidation. Second: to the Parties, to the extent available, in order of their respective priorities in the assets of the Borrower giving rise to such proceeds, as provided in Section 2 above. Third: to such person or persons as the Parties determine as appropriate; provided, however, in the event that all the Parties cannot agree upon the proper person to whom to make distribution, any of the Parties may initiate an action in the nature of an interpleader with respect to the distribution of such proceeds.
Sharing of Proceeds. Software licensing fees, recurring maintenance revenue and installation revenue received from banking financial institutions in the United States having assets of $US1 billion or more (as defined in subparagraph 4.2.1) will be shared 70% in favor of the party that sells the bank and 30% in favor of the remaining party. In the event that Owner assigns its entire assets or its entire interest in the Program to a third party, then each of Owner's share and Purchaser's share of such licensing fees, recurring maintenance and installation revenue under this paragraph 5.4 will be 50%. Purchaser will be entitled to all other proceeds derived from exploitation of the Program in the United States as described in paragraph 4.2. Owner will be entitled to all proceeds derived from exploitation of the Program outside the United States as described in paragraph 4.1.
Sharing of Proceeds ss.
5.1 All proceeds received by Southern, including but not limited to cash or common stock payments, from the licensing or other commercial utilization of any portion of Technology pursuant to Articles 3 and 4, excluding fees for research & development, shall be apportioned seventy-five percent (75%) to Southern and twenty-five percent (25%) to SKI until the termination of Eurobiotech Agreement.
Sharing of Proceeds. Proceeds from disposition of properties and equipment (including simulated proceeds from a deemed disposition) shall be shared in the ratio in which the cost of such properties and equipment was charged up to the amount deemed undepreciated and undepleted cost as determined for purposes of the Capital Accounts and any excess (along with the related proceeds from any disposition of properties and equipment) shall be shared in the ratio in which joint venture revenues are shared.
