Common use of Withdrawal of Net Proceeds in Connection with Permitted Applications Clause in Contracts

Withdrawal of Net Proceeds in Connection with Permitted Applications. To the extent that any Trust Monies consist of Net Proceeds of an Asset Sale or Casualty or Condemnation Event, such Trust Monies may be withdrawn by the Issuer and shall be paid by the Collateral Agent (upon the direction of the Trustee) to reimburse the Issuer or any Guarantor for expenditures made, or to pay costs to be incurred, by the Issuer or such Guarantor in connection with any application of such Net Proceeds permitted by Section 4.16, upon receipt by the Trustee and the Collateral Agent of an Officer’s Certificate, to the effect that: (i) such Trust Monies have been (or will be within 60 days of the requested date of release) applied as permitted by Section 4.16; and (ii) to the extent required by Section 4.16 the Issuer has taken (or will take not later than 60 days following the application of such Net Proceeds) all steps, if any, required by the Security Documents in order to grant and/or perfect the security interest of the Collateral Agent in any assets in which such Net Proceeds have been reinvested (which Officer’s Certificate shall attach copies of (or forms of) any additional Security Documents or amendments thereto or filings thereunder, if any, required to comply with the Security Documents and Section 4.16). Upon compliance with the foregoing provisions of this Section 11.10, the Collateral Agent shall, upon receipt of a written request by the Issuer (which may be contained in the Officer’s Certificate), pay an amount of Trust Monies equal to the amount specified in the Officer’s Certificate required by this Section 11.10(b) as directed by the Issuer.

Appears in 2 contracts

Samples: Supplemental Indenture (GMX Resources Inc), Indenture (GMX Resources Inc)

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Withdrawal of Net Proceeds in Connection with Permitted Applications. To the extent that any Trust Monies consist of Net Proceeds of an Asset Sale or Casualty or Condemnation Event, such Trust Monies may be withdrawn by the Issuer Company and shall be paid by the Collateral Agent (upon the direction of the Trustee) to reimburse the Issuer Company or any Guarantor for expenditures made, or to pay costs to be incurred, by the Issuer Company or such Guarantor in connection with any application of such Net Proceeds permitted by Section 4.164.12, upon receipt by the Trustee and the Collateral Agent of an Officer’s Certificate, to the effect certifying that: (i) such Trust Monies have been (or will be within 60 days of the requested date of release) applied as permitted by Section 4.164.12; and (ii) to the extent required by Section 4.16 4.12 the Issuer Company has taken (or will take not later than 60 days following the application of such Net Proceeds) all steps, if any, required by the Security Documents in order to grant and/or perfect the security interest of the Collateral Agent in any assets in which such Net Proceeds have been reinvested (which Officer’s Certificate shall attach copies of (or forms of) any additional Security Documents or amendments thereto or filings thereunder, if any, required to comply with the Security Documents and Section 4.164.12). Upon compliance with the foregoing provisions of this Section 11.1016.08(b), the Collateral Agent shall, upon receipt of a written request by the Issuer Company (which may be contained in the Officer’s Certificate), pay an amount of Trust Monies equal to the amount specified in the Officer’s Certificate required by this Section 11.10(b16.08(b) as directed by the IssuerCompany.

Appears in 1 contract

Samples: Indenture (Horizon Lines, Inc.)

Withdrawal of Net Proceeds in Connection with Permitted Applications. To the extent that any Trust Monies consist of Net Proceeds of an Asset Sale or Casualty or Condemnation Event, such Trust Monies may be withdrawn by the Issuer Company and shall be paid by the Collateral Agent (upon the direction of the Trustee) to reimburse the Issuer Company or any Guarantor for expenditures made, or to pay costs to be incurred, by the Issuer Company or such Guarantor in connection with any application of such Net Proceeds permitted by Section 4.164.12, upon receipt by the Trustee and the Collateral Agent of an Officer’s Officers’ Certificate, to the effect certifying that: (i) such Trust Monies have been (or will be within 60 days of the requested date of release) applied as permitted by Section 4.164.12; and (ii) to the extent required by Section 4.16 4.12 the Issuer Company has taken (or will take not later than 60 days following the application of such Net Proceeds) all steps, if any, required by the Security Documents in order to grant and/or perfect the security interest of the Collateral Agent in any assets in which such Net Proceeds have been reinvested (which Officer’s Officers’ Certificate shall attach copies of (or forms of) any additional Security Documents or amendments thereto or filings thereunder, if any, required to comply with the Security Documents and Section 4.164.12). Upon compliance with the foregoing provisions of this Section 11.1016.08, the Collateral Agent shall, upon receipt of a written request by the Issuer Company (which may be contained in the Officer’s Officers’ Certificate), pay an amount of Trust Monies equal to the amount specified in the Officer’s Officers’ Certificate required by this Section 11.10(b16.08(b) as directed by the IssuerCompany.

Appears in 1 contract

Samples: Indenture (H-L Distribution Service, LLC)

Withdrawal of Net Proceeds in Connection with Permitted Applications. To the extent that any Trust Monies consist of Net Proceeds of an Asset Sale or Casualty or Condemnation Event, such Trust Monies may be withdrawn by the Issuer Borrower and shall be paid by the Collateral Agent (upon the direction of the TrusteeAdministrative Agent) to reimburse the Issuer Borrower or any Guarantor for expenditures made, or to pay costs to be incurred, by the Issuer Borrower or such Guarantor in connection with any application of such Net Proceeds permitted by Section 4.166.4, upon receipt by the Trustee Administrative Agent and the Collateral Agent of an Officer’s Certificate, to the effect certifying that: (i) such Trust Monies have been (or will be within 60 days of the requested date of release) applied as permitted by Section 4.166.4; and (ii) to the extent required by Section 4.16 6.4 the Issuer Borrower has taken (or will take not later than 60 days following the application of such Net Proceeds) all steps, if any, required by the Security Documents in order to grant and/or perfect the security interest of the Collateral Agent in any assets in which such Net Proceeds have been reinvested (which Officer’s Certificate shall attach copies of (or forms of) any additional Security Documents or amendments thereto or filings thereunder, if any, required to comply with the Security Documents and Section 4.166.4). Upon compliance with the foregoing provisions of this Section 11.1011.1, the Collateral Agent shall, upon receipt of a written request by the Issuer Borrower (which may be contained in the Officer’s Certificate), pay an amount of Trust Monies equal to the amount specified in the Officer’s Certificate required by this Section 11.10(b11.1(b) as directed by the IssuerBorrower.

Appears in 1 contract

Samples: Term Loan Agreement (Horizon Lines, Inc.)

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Withdrawal of Net Proceeds in Connection with Permitted Applications. To the extent that any Trust Monies consist of Net Proceeds of an Asset Sale or Casualty or Condemnation Event, such Trust Monies may be withdrawn by the Issuer and shall be paid by the Collateral Agent (upon the direction of the Trustee) to reimburse the Issuer or any Guarantor for expenditures made, or to pay costs to be incurred, by the Issuer or such Guarantor in connection with any application of such Net Proceeds permitted by Section 4.164.13, upon receipt by the Trustee and the Collateral Agent of an Officer’s Certificate, to the effect that: (i) such Trust Monies have been (or will be within 60 days of the requested date of release) applied as permitted by Section 4.164.13; and (ii) to the extent required by Section 4.16 4.13 the Issuer has taken (or will take not later than 60 days following the application of such Net Proceeds) all steps, if any, required by the Security Documents in order to grant and/or perfect the security interest of the Collateral Agent in any assets in which such Net Proceeds have been reinvested (which Officer’s Certificate shall attach copies of (or forms of) any additional Security Documents or amendments thereto or filings thereunder, if any, required to comply with the Security Documents and Section 4.164.13). Upon compliance with the foregoing provisions of this Section 11.10, the Collateral Agent shall, upon receipt of a written request by the Issuer (which may be contained in the Officer’s Certificate), pay an amount of Trust Monies equal to the amount specified in the Officer’s Certificate required by this Section 11.10(b) as directed by the Issuer.

Appears in 1 contract

Samples: Indenture (GMX Resources Inc)

Withdrawal of Net Proceeds in Connection with Permitted Applications. To the extent that any Trust Monies consist of Net Proceeds of an Asset Sale or Casualty or Condemnation Event, such Trust Monies may be withdrawn by the Issuer and shall be paid by the Collateral Agent (upon the direction of the Trustee) to reimburse the Issuer or any Guarantor for expenditures made, or to pay costs to be incurred, by the Issuer or such Guarantor in connection with any application of such Net Proceeds permitted by Section 4.164.12, upon receipt by the Trustee and the Collateral Agent of an Officer’s Certificate, to the effect certifying that: (i) such Trust Monies have been (or will be within 60 days of the requested date of release) applied as permitted by Section 4.164.12; and (ii) to the extent required by Section 4.16 4.12 the Issuer has taken (or will take not later than 60 days following the application of such Net Proceeds) all steps, if any, required by the Security Documents in order to grant and/or perfect the security interest of the Collateral Agent in any assets in which such Net Proceeds have been reinvested (which Officer’s Certificate shall attach copies of (or forms of) any additional Security Documents or amendments thereto or filings thereunder, if any, required to comply with the Security Documents and Section 4.164.12). Upon compliance with the foregoing provisions of this Section 11.1016.08, the Collateral Agent shall, upon receipt of a written request by the Issuer (which may be contained in the Officer’s Certificate), pay an amount of Trust Monies equal to the amount specified in the Officer’s Certificate required by this Section 11.10(b16.08(b) as directed by the Issuer.

Appears in 1 contract

Samples: Indenture (Horizon Lines, Inc.)

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