Turnover of Payments. If (i) any payment or distribution shall be collected or received by the holder of the Permitted Subordinated Debt in contravention of the terms hereto and prior to the payment in full in cash or cash equivalents of all Obligations at the time outstanding and (ii) any holder of such Obligations (or any authorized agent thereof) shall have notified the holder of the Permitted Subordinated Debt of the facts by reason of which such collection or receipt so contravenes the subordination provisions hereto, the holder of the Permitted Subordinated Debt will deliver such payment or distribution, to the extent necessary to pay all such Obligations in full in cash or cash equivalents, to the Collateral Agent, for the benefit of the holders of the Obligations, in the form received, and until so delivered, the same shall be held by the holder of the Permitted Subordinated Debt in trust for the holders of the Obligations and shall not be commingled with other funds or property of the holder of the Permitted Subordinated Debt. Exh. E-3
Appears in 3 contracts
Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO Trust), Loan Agreement (Macquarie Infrastructure CO LLC)
Turnover of Payments. If (i) any payment or distribution shall be collected or received by the holder of the Permitted Subordinated Debt in contravention of the terms hereto hereof and prior to the payment in full in cash or cash equivalents Cash Equivalents of all Loan Obligations at the time outstanding and (ii) any holder of such Loan Obligations (or any authorized agent thereof) shall have notified the holder of the Permitted Subordinated Debt of the facts by reason of which such collection or receipt so contravenes the subordination provisions heretohereof, the holder of the Permitted Subordinated Debt will deliver such payment or distribution, to the extent necessary to pay all such Loan Obligations in full in cash or cash equivalentsCash Equivalents, to the Collateral Administrative Agent, for the benefit of the holders of the ObligationsLenders, in the form received, and until so delivered, the same shall be held by the holder of the Permitted Subordinated Debt in trust for the holders of the Loan Obligations and shall not be commingled with other funds or property of the holder of the Permitted Subordinated Debt. Exh. E-3.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC), Term Loan Credit Agreement (Cleco Corporate Holdings LLC)
Turnover of Payments. If (i) any payment or distribution shall be collected or received by the holder the—holder—of the Permitted Permitted—Subordinated Debt in contravention of the terms hereto hereof and prior to the payment in full in cash or cash equivalents Cash Equivalents of all Loan Obligations at the time outstanding and (ii) any holder of such Loan Obligations (or any authorized agent thereof) shall have notified the holder of the Permitted Subordinated Debt of the facts by reason of which such collection or receipt so contravenes which—such—collection—or—receipt—so—contravenes—the subordination provisions heretohereof, the holder of the Permitted Subordinated Debt will deliver such payment or distribution, to the extent necessary to pay all such Loan Obligations in full in cash or cash equivalentsCash Equivalents, to the Collateral Administrative Agent, for the benefit of the holders of the ObligationsLenders, in the form received, and until so delivered, the same shall be held by the holder of the Permitted Subordinated Debt in trust for the holders of the Loan Obligations and shall not be commingled with other funds or property of the holder of the Permitted Subordinated Debt. Exh. E-3.
Appears in 1 contract
Turnover of Payments. If (i) any payment or distribution shall be collected or received by the holder of the Permitted Subordinated Debt in contravention of the terms hereto and prior to the payment in full in cash or cash equivalents of all Bond Obligations at the time outstanding and (ii) any holder of such Bond Obligations (or any authorized agent thereof) shall have notified the holder of the Permitted Subordinated Debt of the facts by reason of which such collection or receipt so contravenes the subordination provisions hereto, the holder of the Permitted Subordinated Debt will deliver such payment or distribution, to the extent necessary to pay all such Bond Obligations in full in cash or cash equivalents, to the Collateral AgentTrustee, for the benefit of the holders of the Bond Obligations, in the form received, and until so delivered, the same shall be held by the holder of the Permitted Subordinated Debt in trust for the holders of the Bond Obligations and shall not be commingled with other funds or property of the holder of the Permitted Subordinated Debt. Exh. E-3.
Appears in 1 contract
Samples: Loan Agreement