Turnover of Collateral and Certain Payments. If any -------------------------------------------- Secured Party (i) acquires custody, control or possession of any Collateral or proceeds therefrom or (ii) receives any payment pursuant to enforcement of the Guarantee Agreement or the Parent Guarantee Agreement, in each case other than pursuant to the terms of this Agreement, then such Secured Party shall promptly cause such Collateral, proceeds or payments to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition or distribution in accordance with the provisions of Article V. Until such time as the provisions of the immediately preceding sentence have been complied with, such Secured Party shall be deemed to hold such Collateral, proceeds or payments in trust for the parties entitled thereto hereunder. Notwithstanding the foregoing, but subject to the requirements of Sections 9.07 and 9.08, no Secured Party shall be required to deliver to or put in the custody, possession or control of the Collateral Agent or to hold in trust as specified in the preceding sentence any amount of any Obligation paid or prepaid by the Borrower to it (and not obtained by it through any sale of or other realization upon any Collateral or by enforcement of its rights under the Guarantee Agreement or the Parent Guarantee Agreement as provided herein and in the Support Documents) in accordance with the terms of the applicable Secured Instrument.
Turnover of Collateral and Certain Payments. If any Secured Party (i) acquires custody, control or possession of any Collateral or proceeds therefrom or (ii) receives any payment pursuant to enforcement of the Guarantee Agreement, in each case other than pursuant to the terms of this Agreement, then such Secured Party shall promptly cause such Collateral, proceeds or payments to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition or distribution in accordance with the provisions of Article V. Until such time as the provisions of the immediately preceding sentence have been complied with, such Secured Party shall be deemed to hold such Collateral, proceeds or payments in trust for the parties entitled thereto hereunder. Notwithstanding the foregoing, no Secured Party shall be required to deliver to or put in the custody, possession or control of the Collateral Agent or to hold in trust as specified in the preceding sentence any amount of any Obligation paid or prepaid by the Borrower to it (and not obtained by it through any sale of or other realization upon any Collateral or by enforcement of its rights under the Guarantee Agreement as provided herein and in the Support Documents) in accordance with the terms of the applicable Secured Instrument.
Turnover of Collateral and Certain Payments. (a) If any Lender or Interim Lender (i) acquires custody, control or possession of any Collateral or Proceeds therefrom or (ii) receives any payment of the Obligations from the Collateral or Proceeds thereof or, until the Merger Date, from enforcement of the Guarantee, other than pursuant to the terms of this Agreement (an "Excess Payment"), then such Creditor shall in each such case promptly cause such Collateral or Proceeds to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition or distribution in accordance with the provisions of this Agreement. Until such time as the provisions of the immediately preceding sentence have been complied with, such Creditor shall be deemed to hold such Collateral, proceeds or payments in trust for the parties entitled thereto hereunder. Notwithstanding the foregoing, no Creditor shall be required to deliver to or put in the custody, possession or control of the Collateral Agent or to hold in trust as specified in the preceding sentence any payment or prepayment of principal, interest, premium or fees received in accordance with the terms of the Credit Agreement or the Interim Loan Agreement, as applicable, prior to the Collateral Agent's receipt of a Notice of Actionable Event of Default, or amounts paid pursuant to the provisions of Section 3 at any time.
Turnover of Collateral and Certain Payments. If any Senior Creditor acquires custody, control or possession of any Collateral or proceeds thereof other than pursuant to the terms of this Agreement, then such Senior Creditor shall promptly cause such Collateral or proceeds to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition or distribution in accordance with the provisions of Section 4. Until such time as the provisions of the immediately preceding sentence have been complied with, such Senior Creditor shall be deemed to hold such Collateral or proceeds in trust for the parties entitled thereto hereunder. Notwithstanding the foregoing, subject to paragraph (b) below, no Senior Creditor shall be required to deliver to or put in the custody, possession or control of the Collateral Agent or to hold in trust as specified in the preceding sentence any amount of any Obligation paid or prepaid by any Credit Party to it (and not obtained by it through any sale of or other realization upon any Collateral as provided herein and in the Security Documents) in accordance with the terms of the Credit Agreement or the Note Agreements, as applicable.
Turnover of Collateral and Certain Payments. If any Secured Party (i) acquires custody, control or possession of any Collateral or proceeds therefrom or (ii) receives any payment at any time that an Acceleration has occurred pursuant to enforcement of any Guarantee, other than pursuant to the terms of this Agreement, then such Secured Party shall promptly cause such Collateral, proceeds or payments to be delivered to or put in the custody, possession or control of the Collateral Agent (or, in the case of a Canadian Lender or a Non-US/Canadian Lender, the applicable Agent) for disposition or distribution in accordance with the provisions of Sections 4.01 and 4.02. Until such time as the provisions of the immediately preceding sentence have been complied with, such Secured Party shall be deemed to hold such Collateral, proceeds or payments in trust for the parties entitled thereto hereunder.
Turnover of Collateral and Certain Payments. (a) If any Participating Creditor (i) acquires custody, control or possession of any Collateral or proceeds therefrom or (ii) receives any payment at any time that an Actionable Default has occurred and is continuing pursuant to enforcement of the Guarantee Agreement or the Subordinated Note Indenture (or any agreement governing any Subordinated Note Refinancing Indebtedness), in each case other than pursuant to the terms of this Agreement, then such Participating Creditor shall promptly cause such Collateral, proceeds or payments to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition or distribution in accordance with the provisions of Sections 4.01 and 4.
Turnover of Collateral and Certain Payments. 35 SECTION 9.03. Release of Collateral and Guarantees............................ 36
Turnover of Collateral and Certain Payments. If Change or Sunshine, as the case may be, acquires custody, control or possession of any Collateral or proceeds therefrom, then such Lender shall be deemed to hold such Collateral, proceeds or payments in trust for both Lenders entitled thereto hereunder
Turnover of Collateral and Certain Payments. If any Secured Party acquires custody, control or possession of any Collateral or proceeds therefrom other than pursuant to the terms of this Agreement, then such Secured Party shall promptly cause such Collateral, proceeds or payments to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition or distribution in accordance with the provisions of Sections 4.01 and 4.
Turnover of Collateral and Certain Payments. If any Participating Creditor acquires custody, control or possession of any Collateral or proceeds therefrom other than pursuant to the terms of this Agreement, then such Participating Creditor shall promptly cause such Collateral or proceeds to be delivered to or put in the custody, possession or control of the Collateral Agent for disposition or distribution in accordance with the provisions of Sections 4.1 and 4.
