Common use of Turn-Over Clause in Contracts

Turn-Over. After the occurrence and during the continuance of any Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Party), each Guarantor shall, if the Required Holders so request, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders and deliver such payments to the Noteholders, pro rata, on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 3 contracts

Samples: Note Purchase Agreement (Alliance Holdings GP, L.P.), Note Purchase Agreement (Alliance Resource Partners Lp), Note Purchase Agreement (Alliance Resource Partners Lp)

AutoNDA by SimpleDocs

Turn-Over. After the occurrence and during the continuance of any Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Partythe Borrower), each Guarantor shall, if the Required Holders Lender so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations Debt as trustee for the Noteholders Lender and deliver such payments to the Noteholders, pro rata, Lender on account of the Guaranteed Obligations Debt (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this GuarantyGuaranty Agreement.

Appears in 2 contracts

Samples: Guaranty Agreement, Guaranty Agreement (Staktek Holdings Inc)

Turn-Over. After the occurrence and during the continuance of any Matured Default (including the commencement and continuation of any proceeding under any Bankruptcy Debtor Relief Law relating to any other Note Partythe Company), each Guarantor shall, if the Required Holders Lender so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Lender and deliver such payments to the Noteholders, pro rata, Lender on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 2 contracts

Samples: Guaranty (Alliance Resource Partners Lp), Guaranty (Alliance Resource Partners Lp)

Turn-Over. After the occurrence and during the continuance of any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Partyparty obligated on or for the Note), each Guarantor shall, if the Required Holders Lender so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Lender and deliver such payments to the Noteholders, pro rata, Lender on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 2 contracts

Samples: Guaranty Agreement (Verity Corp.), Guaranty Agreement (Verity Corp.)

Turn-Over. After the occurrence and during the continuance of any Unmatured Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Partythe Guaranteed Borrower), each the Guarantor shall, if the Required Holders Administrative Agent so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Beneficiaries and deliver such payments to the Noteholders, pro rata, Administrative Agent on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such the Guarantor under the other provisions of this Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Jersey Central Power & Light Co), Credit Agreement (Firstenergy Corp)

Turn-Over. After the occurrence and during the continuance of any an Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law bankruptcy law relating to any other Note Partythe Borrower), each the Guarantor and its Subsidiaries shall, if the Required Holders Lender so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Lender and deliver such payments to the Noteholders, pro rata, Lender on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such the Guarantor under the other provisions of this GuarantyGuarantee.

Appears in 2 contracts

Samples: Credit Agreement (AquaVenture Holdings LTD), Credit Agreement (Aquaventure Holdings LLC)

Turn-Over. After the occurrence and during the continuance of any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law Proceeding relating to any other Note PartyGrantor), each Guarantor shall, if the Required Holders Collateral Agent so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Collateral Agent and deliver such payments to the Noteholders, pro rata, Collateral Agent on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Pac-West Telecomm Inc), Note and Warrant Purchase Agreement (Pac-West Telecomm Inc)

Turn-Over. After the occurrence and during the continuance of any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Loan Party), each Guarantor shall, if the Required Holders Agent so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Lenders and deliver such payments to the Noteholders, pro rata, Agent on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this GuarantyGuaranty and the other Loan Documents executed by the Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)

Turn-Over. After the occurrence and during the continuance of any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Party), each Guarantor shall, if the Required Holders Purchaser so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Purchaser and deliver such payments to the Noteholders, pro rata, Purchaser on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Ediets Com Inc), Subsidiary Guaranty (Ediets Com Inc)

Turn-Over. After the occurrence and during the continuance of any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Obligated Party), each Guarantor shall, if the Required Holders Lender so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Lender and deliver such payments to the Noteholders, pro rata, Lender on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Verity Corp.)

Turn-Over. After the occurrence and during the continuance of any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Obligated Party), each Guarantor shall, if the Required Holders Lender so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Lender and deliver such payments to the Noteholders, pro rata, Lender on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 1 contract

Samples: Subsidiary Guaranty (Verity Corp.)

AutoNDA by SimpleDocs

Turn-Over. After the occurrence and during the continuance of any Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Party), each Guarantor shall, if the Required Holders so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders and deliver such payments to the Noteholders, pro rata, on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without -7- 107 reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 1 contract

Samples: Note Purchase Agreement (Alliance Resource Partners Lp)

Turn-Over. After the occurrence and during the continuance of any a Default or Unmatured Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Partythe Guaranteed Borrower), each the Guarantor shall, if the Required Holders Agent so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Beneficiaries and deliver such payments to the Noteholders, pro rata, Agent on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such the Guarantor under the other provisions of this Guaranty.

Appears in 1 contract

Samples: Five Year Credit Agreement (Nationwide Financial Services Inc/)

Turn-Over. After the occurrence and during the continuance of any Unmatured Default or any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Partythe Borrower), each the Guarantor shall, if the Required Holders Lender so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Lender and deliver such payments to the Noteholders, pro rata, Lender on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such the Guarantor under the other provisions of this Guaranty.

Appears in 1 contract

Samples: Guaranty (Ohio Edison Co)

Turn-Over. After the occurrence and during the continuance of any Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note Party), each the Parent Guarantor shall, if the Required Holders so request, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders holders of the Notes and deliver such payments to the Noteholders, pro rata, holders of the Notes on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such the Parent Guarantor under the other provisions of this Parent Guaranty.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Safehold Inc.)

Turn-Over. After the occurrence and during the continuance of any Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Note the Account Party), each the Guarantor shall, if the Required Holders Agent so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Agent and the Lenders and deliver such payments to the Noteholders, pro rata, Agent on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such the Guarantor under the other provisions of this Guaranty.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement (Metlife Inc)

Turn-Over. After the occurrence and during the continuance of any an Event of Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any 131 other Note Loan Party), each Guarantor shall, if the Required Holders Administrative Agent so requestrequests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Noteholders Secured Parties and deliver such payments to the Noteholders, pro rata, Administrative Agent on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

Appears in 1 contract

Samples: Global Senior Credit Agreement (Digital Realty Trust, L.P.)