Common use of Turnover of Non-Cash Consideration Clause in Contracts

Turnover of Non-Cash Consideration. (a) For the purposes of this Clause 9, if any Creditor receives or recovers any amount or distribution in the form of Non-Cash Consideration which is subject to Clause 10.1 (Turnover by the Primary Creditors in respect of the Shared Transaction Security) the cash value of that Non-Cash Consideration shall be determined in accordance with paragraph (b) below. (b) The cash value of any Non-Cash Recoveries shall be determined by reference to a valuation obtained by the Security Agent from a Financial Adviser appointed by the Security Agent pursuant to Clause 14.5 (Appointment of Financial Adviser) taking into account any notional conversion made pursuant to Clause 16.6(Currency conversion).

Appears in 2 contracts

Samples: Intercreditor Agreement (NAC Aviation Colorado 1 LLC), Intercreditor Agreement (NAC Aviation 29 Designated Activity Co)

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Turnover of Non-Cash Consideration. (a) For the purposes of this Clause 910, if any Creditor receives or recovers any amount or distribution in the form of Non-Cash Consideration which is subject to Clause 10.1 (Turnover by the Primary Creditors in respect of the Shared Transaction Security) the cash value of that Non-Cash Consideration shall be determined in accordance with paragraph (b) below. (b) The cash value of any Non-Cash Recoveries shall be determined by reference to a valuation obtained by the Security Agent from a Financial Adviser appointed by the Security Agent pursuant to Clause 14.5 (Appointment of Financial Adviser) taking into account any notional conversion made pursuant to Clause 16.6(Currency 16.6 (Currency conversion).

Appears in 2 contracts

Samples: Intercreditor Agreement (NAC Aviation Colorado 1 LLC), Intercreditor Agreement (NAC Aviation 29 Designated Activity Co)

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